Will -- Suspicious circumstances - Testator bequeathing property in favour of his niece leaving his own wife and minor children - Will though registered was held to be not genuine on following grounds - (i) No sane person, save and except for very cogent reasons, would disinherit his wife and minor children, (ii) No apparent reason for Will in favour of niece depriving..........
Will -- Suspicious Circumstances - Unregistered will in favour of Gurudwara, recorded in proceeding books of Gram Panchayat - Will discarded being surrounded by suspicious circumstances - (i) Thumb impression on Will not tallying with standard signature, (ii) No explanation as to why Will executed in proceeding book of Gram Panchayat when such Will has nothing to do with..........
Will -- Suspicious circumstances - Registered Will in favour of son - Revoked by registered cancellation deed - Cancellation deed mentioning about maltreatment met and injuries suffered at the hand of son - Son setting up another registered Will - Second Will executed within 7/8 months of revocation - No mention of earlier Will and cancellation deed in the subsequent Will..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Succession to Mohatmimship - Right to Mahatmimship of Thakar Dwara/Dera claimed on the basis of registered Will and some writings by Bheikh - Objected by Respondent - Succession to Mohatmimship has to be based on custom and usage - Will shrouded by suspicious circumstances - Writings forged and fabricated - No custom..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Will - Registered or unregistered - Law does not recognize any distinction between a registered and unregistered Will - Registered Will carries little more weight - Revenue Officer should sanction mutation on the basis of registered Will, if not shrouded by any suspicious circumstances and proved beyond doubt - In..........
Will -- Suspicious Circumstances - Registered Will although duly proved by examining attesting witnesses, scribe & tehsildar discarded on following counts (i) No special circumstance to prefer legatee over other similarly placed legal heirs (ii) Wrong recital in Will that beneficiary / legatee is sole legal heir whereas there are other legal heirs (iii) No cogent reason..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Registered Will - Mutation sanctioned on the basis of Natural Succession - Registered Will ignored - Testator residing with the beneficiaries, last rites also performed by them - Will executed out of love and affection, duly proved by examining attesting witnesses and scribe - Suspicious circumstances that second..........
Will -- Execution - Suspicious circumstances - Failure to mention two of her sons in Will - No evidence or explanation for the same - Testatrix was of very advanced age and had suffered a fall and broken her thigh bone twice and was operated on both occasions - Testatrix keeping indifferent health after her first fall - Beneficiary took advantage of mishap and subsequent..........
Will -- Execution - Suspicious circumstances surrounding the execution and registration of will - Scribe who drafted the will and Sub-Registrar who registered the Will not examined to conclusively prove the prepration and registration of Will - No evidence to prove that the will had ever been read over and explained to the testatrix before the same was executed and..........
Will -- Registered - It is a circumstance to prove its genuineness - But mere fact that a Will is registered is not by itself sufficient to dispel all suspicious circumstances...........
