Will -- Father bequeathed property to his two sons excluding plaintiff - Property of father was self acquired property - Plaintiff was excluded from inheriting property since he has got agricultural property from his in-laws - Attestor and scribe of Will duly proved execution of Will - No grounds warranting interference...........
Will -- Burden of proof - Lies on propounder of Will - To prove execution of Will - Attestor of Will and Scribe of Will examined as witnesses - Exclusion of one of the sons by deceased from inheriting property as the said son got agricultural land from his in - laws - Nothing but natural - Succession Act, Section 63...........
Will -- Plaintiff alleged that testator was not in a sound and disposing state of mind at the time of execution of Will - Onus to prove lies on him - Plaintiff not even entering the witness box to swear that the Will is not genuine - Finding of fact by Courts on basis of evidence of attesting witness and scribe that Will was proved by defendant according to law - Neither..........
Will -- Proof - Scribe and Sub Registrar - Scribe signed the Will after the testator as well as the attesting witnesses had put their signatures on the Will - Will also proved by Sub Registrar in whose presence the testator and two attesting witnesses appeared and admitted the execution of Will and also signed on the endorsement on the Will - One attesting witness produced..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Party seeking to lead secondary evidence should lay a proper foundation for it in pleadings as to the executant of document, in whose favour it was executed, contents, attestors, scribe, etc. - Laying of proper foundation is a condition precedent for permitting secondary evidence...........
Civil Procedure Code, 1908, Order 20, Rule 4 -- Scribe of agreement a man of shady character being a dismissed Patwari - A man might have remained shady in his past career, but that stigma does not work for all times to come - Before acting upon statement of such witness (scribe) corroborative evidence should be looked for...........
Pronote -- Endorsement acknowledging debt - Non examination of scribe of endorsement not a lacuna - Endorsement not a document required by law to be attested or scribed - Endorsement can be written by parties themselves...........
Punjab Land Revenue Act, Section 34,35,36,37 -- Mutation of inheritance on the basis of Will - Earlier Registered Will and latest Un - registered Will - Suspicious circumstances surrounding Un - registered Will: (1) no explanation why Un - registered Will not produced earlier before Revenue functionaries for getting mutation sanctioned whereas mutation entered by Patwari..........
Will -- Execution - Testator was admitted in bed at the relevant time, was with defendants No.1 and 2 - Held, in the given situation, if defendant No.1 was asked by the testator to go and bring the witnesses or the scribe, it would not be a ground which can be said to be suspicious to discard the Will...........
Will -- Execution - Scribed on an ordinary paper - Scribe a labourer - Will did not contain Khasra numbers - Contradictions in the statement of witnesses - Held, due execution of Will as well as its attestation is not proved...........
