Will -- Proof - Two Wills executed by testator on the same day - One Will executed in favour of widow and other in favour of nephews - Will in favour of widow of testator not proved, as she failed to produce any witnesses to the said Will - Nephews of testator on the other hand proved Will in their favour by examining attesting witnesses and scribe of Will - Due execution..........
Will -- Not necessary that Will be marked only through an attesting witness - A Will can be marked through a propounder - S.68 Evidence Act does not specifically mention that a Will has to be marked through an attesting witness - Said provision says only with regard to execution as well as attestation and same does not speak about marking of the same. (Civil Procedure..........
Will -- Attesting witnesses - Not necessary to be from the same locality...........
Will -- Proof of - Attesting witnesses of Will categorically stated that Will was scribed by deed writer and after Will was prepared it was firstly signed by testator and thereafter signed by attesting witnesses - Will in favour of plaintiffs was executed by testator of his free violation - Defendants on the other hand failed to place any material which shows that Will was..........
Will -- Proof - Will duly proved by so, i, law of scribe as scribe died - He identified the signatures of scribe as he was very well acquainted with his signatures - Attesting witnesses deposed that Will was scribed by scribe on the asking of testator and that testator was in his senses and was mentally stable at the time of execution of Will and that testator thumb marked..........
Will -- Attesting witness - Unless sufficient and cogent evidence is led to show that the person putting his signature on document signed it for the purpose of attesting it or certifying that he has received from the executant a personal acknowledgment of his signature, he cannot be regarded as an attesting witness. (1995(1) Civil Court Cases 251 (H.P.) followed)...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Partition suit - Gift deed executed in favour of defendants is a registered document and was executed by deceased in respect of his self acquired property - Two attesting witnesses proved the gift deed - Findings of lower Appellate Court reversing the decree passed by trial Court on the ground that gift deed was..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood stained sword from the house of accused - However, FSL report did not find any human blood on the sword - Attesting witness of memo of site of crime inspection declared hostile - Prosecution did not submit any explanation about sword, which was collected from site of crime - Recovery is doubtful...........
Will -- Proof - Attesting witness - DW2 in his statement clearly established that apart from being an identifier he had also attested the Will as an attesting witness - This witness had the necessary animus to attest the Will as a `witness' and not a mere identifier...........
Will -- Proof - It is not necessary that both the attesting witnesses need to be examined - Testimony of one of attesting witnesses is good enough, provided he inspires confidence and he is able to prove the Will...........
