Will -- Due execution - Proof of - Attestor of Will appears to be procured witness as he was not knowing testator of Will prior to attesting her thumb impression on Will - He stated that Will was written in one page paper but it was actually in two pages paper - Held, it is highly suspicious that testator would call him to attest her thumb impression on Will as he was..........
Will -- Suspicious circumstances - One of attesting witness did not state that testator put her thumb marks on Will in his presence and he had attested her thumb marks on her asking - He also stated that propounder of Will took active part in execution of Will - It creates a suspicious circumstance - Will rightly rejected...........
Will -- Suspicious circumstances - Where the Will surrounded by suspicious circumstances court would naturally expect that all legitimate suspicion should be completely removed before the document is accepted as the last Will of testator...........
Will -- Suspicious circumstances - Arise due to several reasons such as with regard to genuineness of the signature of the testator, the conditions of the testator's mind, the dispositions made in the will being unnatural, improbable or unfair in the light of relevant circumstances or there might be other indications in the will to show that the testator's mind was not..........
Will -- Proof - Testator was proved to be in sound disposing state of mind at the time of execution of Will - No suspicious circumstances in its execution pointed out as both the attestators proved its due execution - Will, held, proved - Defendant No.3 thus entitled to succeed suit property as legatee under the said Will...........
Will -- Suspicious circumstance - Exclusion of legal heirs - Exclusion of other children of testator and execution of Will for the sole benefit of one of the sons i.e. respondent by itself is not a suspicious circumstance - It is the will of testator that has to prevail as property is self acquired...........
Will -- Genuineness & authenticity - Name of daughter of testator not correctly mentioned in Will but name of husband correctly mentioned and will was written to the dictation of testator - Error reasonably explained - Will is not invalidated for this error...........
Will -- Capacity of testator - Testator suffering from an eye-ailment at the time of execution - No material on record to hold that testator was suffering from any other kind of physical or mental infirmity which rendered him incapable of taking a decision with regard to bequeathing of the properties by means of the Will in question...........
Evidence Act, 1872, Section 69 -- Will - Proof of - Both attesting witnesses have died, Sub-Registrar who had registered the Will was examined on commission - Sub-Registrar set out the circumstances in which attesting witnesses as well as Testator had signed on the document - This part of evidence has been elaborately considered by High Court to record its satisfaction..........
Will -- Thumb marked by testator whereas he used to sign - A person who is normally in the habit of putting his signatures then he would continue to do so irrespective of his age unless and until he is physically or medically disabled from putting his signatures - It is a suspicious circumstance...........
