Will -- Probate - Execution of Will by testator in favour of his son and nephew - Son of testator pleaded that appellant/nephew of testator has no relation with testator - Appellant failed to produce any document to establish that he had any blood relation with testator - No explanation is forthcoming as to why Will has been prepared obtaining LTI of testator when he was..........
Will -- Probate - Due execution of Will proved by attesting witness of Will - None of parties have produced any other Will made and published by testator - Testator in his Will provided reasons as to why he had deprived predecessor of objectors - Propounder of Will able to prove due execution of Will and remove suspicious circumstances surrounding a Will - Probate rightly..........
Will -- Probate - Will was neither registered nor notarized - One of attesting witnesses to Will was Court clerk of Advocate who prepared Will - Petitioner himself admitted that testator suffered from depression - Testator expired barely a month after the Will was executed - Petitioner failed to satisfy Court that Will was signed by testator out of his own free Will or..........
Will -- Probate - None of attesting witnesses of Will were examined - But attending witness of Will was examined who categorically stated that he was present at the residence of testatrix and in his presence testatrix and attesting witnesses of Will have put their signature in said last Will and testament - There is no circumstances appears to say any suspicious in the..........
Civil Procedure Code, 1908, Section 151 -- Recall of order - Quashing of order granting probate of Will - Order granting probate is a beneficial order for applicants - Applicants were not party in appeal - Order of granting probate has been quashed behind the back of applicants merely on basis of consent given by executor of Will - Applicants were required to be heard..........
Succession Act, 1925, Section 217 -- Probate - Will - Probate Court while scrutinizing propriety of Will ventured in exceeding its jurisdiction u/s 217 of the Act to decide the propriety of registered adoption deed by making observations and that too being perverse in nature because it was not based upon any scrutinization of evidence - Said findings of Probate Court..........
Will -- Suspicious circumstance - Exclusion of daughter from bequest - Testatrix executed Will in favour of her two sons to the exclusion of her daughter - Signature of testatrix in Will is not disputed - Husband of testatrix was one of attestors to Will - Even, reading of Will goes to show that daughter was given in marriage to bank employee and she was provided 50..........
Will -- Suspicious circumstance - Delay in seeking probate of Wills - Occasion for appellants to seek probate of Will arose only when respondents filed suit for partition, therefore there was actually no delay on the part of appellants in seeking probate - Order granting probate restored...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of probate petition - Amendment sought to substitute the word `probate' by `letters of Administration' - However, petitioners are executors of Will and therefore, they are entitled to Probate - Application for amendment rightly rejected...........
Civil Procedure Code, 1908, Section 151 -- Reopening of plaintiff's evidence - Probate proceedings - Probate application is pending before trial Court since 2009 - Plaintiffs sought time on various occasions for leading their evidence and last opportunity was granted to plaintiffs to lead their evidence, however, plaintiff's right for leading their evidence was closed -..........
