Will -- Suspicious circumstances - Unsoundness of testator - Burden of proof - Testator was suffering from mental disorder and was under treatment when the Will was executed - Onus is on the beneficiary to show that testator was in sound state of mind and executed the document properly...........
Will -- Execution of unregistered Will - Suspicious circumstances - Will prepared on verandah of Sub-Registrar office but the same was not registered - Plea taken by witnesses that scribe told them that the Will need not to be registered, creates doubt in the absence of no, examination of scribe, especially when one of the witness had categorically stated that testator..........
Will -- Suspicious circumstances - Signature of testator - Testator in most of the undisputed documents put his full signature while on present document he just put his surname, creates doubt regarding authencity of signature - Will shrouded by suspicious circumstances...........
Will -- Suspicious circumstances - Will bearing Hal Plot numbers of suit land - Publication of Hal plot number after about seven years of execution of Will creates doubt as to how testator was aware of these numbers at the time of execution...........
Will -- Suspicious circumstances - Beneficiary of Will did not satte about execution of Will in her favour by her father in proceedings u/s 144 of Cr.P.C. though the said property relates with same property under Will - No explanation given for the same by beneficiary during her cross-examination - Will shrouded by suspicious circumstances...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Test of suspicious circumstances as applicable to Will is not applicable to deed of gift - Once it is found that document of gift is registered and signature of donor is proved, it cannot be held to be invalid unless a case of fraud or misrepresentation is made out...........
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..........
Will -- Suspicious circumstance - Exclusion of some of legal heirs from inheritance - Plaintiffs and defendant are daughters of testator and he had no son - Testator executed registered Will in favour of defendant No.1 on account of services rendered by her, as she used to live with testator and was looking after testator - Certainly testator would have special love and..........
Will -- Suspicious circumstance - Thumb impression of testator - Plaintiffs contended that testator used to sign the documents in Urdu in his life time but Will bears his thumb impression, which renders Will doubtful - However, said fact is not proved on record as, testator suffered a mild paralysis in his right hand, due to this he was not in a position to properly sign..........
Will -- Suspicious circumstances - Propounder of Will to repel all suspicious circumstances surrounding the Will and to prove genuineness of Will - Propounder also to prove that (i) the Will was signed by the testator; (ii) at the relevant time, testator was in sound disposing state of mind; (iii) testator had understood the nature and effect of depositions and had put his..........
