Will -- Attestation - Pre-requisite qualification of attesting witness is not that he must be well versed with the signatures of testator - Attesting witness is required to attest the document including the Will by certifying that testator has singed the Will in his presence - He is not supposed to be acquainted with signatures of testator...........
Will -- Suspicious circumstances - No attesting witness of Will has been examined as per provisions of S.68 of Evidence Act - Even, thumb impressions of testator has not been got proved from any handwriting and fingerprint expert - No reason assigned in the Will that why widow of testator was deprived from bounty of deceased and even no provision for her maintenance has..........
Will -- Proof - Will was duly executed by testator in the presence of witnesses out of his free will in a sound disposing state of mind and same stands proven through testimonies of one of attesting witnesses - Attesting witness categorically stated that testator executed the Will and both he and testator signed Will in presence of each other - No evidence on record that..........
Will -- Proof - Principles required for proving validity and execution of Will - (i) Court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him; (ii) It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied; (iii) A Will..........
Will -- Suspicious circumstance - Mere fact that attesting witness did not belong to the village of testator and he happened to be resident of adjoining village besides registration of Will on the next day of its execution cannot be taken as suspicious circumstance, particularly when execution of Will was proved on record...........
Will -- Attestation - Attestation of Will means to testify the signatures of executant - It is not a mere formality - Will should be attested by two or more witnesses and propounder should examine one attesting witness to prove the Will - Attesting witness should speak not only about testator's signature or affixing his mark to the Will but also each of the witnesses had..........
Will -- Probate - Testator expired two days after execution of Will - There was thus, proximate nexus between death of testator and execution of Will - Applicants could not successfully rebut the respondents contention that the testator did not execute the Will out of his own volition and that he was not mentally alert and physically fit to know consequences of execution..........
Will -- Proof of - Both the attesting witness of Will had died - Two sons of testator deposed about their presence when will was signed by him - They also identified signatures of person who drew and signed Will - Even, partition deed also relied upon by trial Court in which shares in accordance with terms of Will were distributed - This document was registered - Will in..........
Will -- Exclusion of daughter - Will is unregistered and only one attesting witness was examined who was related to testator and also participated in proceeding before revenue authorities for carrying out mutation in favour of defendant - Scribe of Will also not examined - Will discarded...........
Will -- Probate - Due execution of Will proved by attesting witness of Will - None of parties have produced any other Will made and published by testator - Testator in his Will provided reasons as to why he had deprived predecessor of objectors - Propounder of Will able to prove due execution of Will and remove suspicious circumstances surrounding a Will - Probate rightly..........
