Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Death of plaintiff/testator of Will - Substitution of LR's - Right to sue - Legatee under Will who intends to represent the estate of deceased plaintiff/testator, being an intermeddler with estate of deceased, would be legal representative - Consequently LR's who succeeded to deceased plaintiff's estate should be heard in..........
Will -- Suspicious circumstances - Testator used to sign but she put her thumb impression on Will - Testator was in mid 80's at the time of execution of Will - A person ages much faster in his later years as compared to his early years - Testator was not in a position to pen her signatures at the time of execution of Will...........
Succession Act, 1925, Section 276 -- Will - Probate - Grant of - Due execution and attestation of Will proved on record - Defendant failed to prove that signature of testator on the Will is forged - Testator died issueless and plaintiff is the son of brother of testator - Plaintiff as a beneficiary of Will, not a participant in the Will-making process - Defendant failed to..........
Muslim Law -- Will - Proof - Will in question proved through testimony of attesting witnesses as a registered document - Exclusion of respondent No.1 by testator from his succession is also proved on record - No documentary evidence proved on record to belie genuinity and authenticity of Will, as no attempt made to examine any expert - Moreover, concurrent findings of both..........
Will -- Proof - Will executed in favour of all the defendants - Merely because one of defendants accompanied testator at the time of execution of Will and also signed before Sub Registrar has no significance in view of fact that he was not major beneficiary...........
Will -- Proof - Mere fact that none of witnesses of Will is from the village of testator is of no consequence as witnesses of Will are from the village where suit land is situated and were also known to testator...........
Will -- Genuineness - Merely because Will was registered from the Tehsil which is not falling under the jurisdiction of village of testator, does not effect the genuineness of will, as Will was registered from nearest Tehsil - Moreover, it is the tendency of agriculturists to go to the nearest Tehsil then the Tehsil situated far away...........
Will -- Suspicious circumstance - Merely because testator died 2 days after execution of Will, it cannot be said that he was of unsound mind, sick or was not in a position to execute the Will, as plaintiffs themselves proved the soundness of testator by propounding another Will in their favour on the same day - Moreover, marginal witnesses and scribe have stated that..........
Will -- Suspicious circumstance - Merely because testator used to make signatures but on the Will thumb impressions were affixed, it cannot be said that Will is doubtful, as it is proved on record that right hand of testator was affected by paralytic attack, due to which he had affixed thumb impressions on the Will - Will duly proved...........
Will -- Suspicious circumstances - Due execution of Will proved - Merely because mutation application was filed before six months of death of testator, it is not unreasonable circumstance to create a suspicion in respect of due execution of Will...........
