Will -- Suspicious circumstances - May be as to the genuineness of the signature of the testator, condition of testator's mind, disposition made in the Will being unnatural, improbable or unfair in the light of relevant circumstances or there may be other indications in the Will to show that testators mind was not free - If the propounder himself takes part in the..........
Will -- Testator presented it for registration and died about four years after its execution and during this period took no steps, cancel it - This per se dispels the suspicious circumstances allegedly attached to the will...........
Will -- Suspicious circumstances - Testator patient of Intermittent coma and he died the next day of execution of Will - An attesting witness not able to identify photograph of the testator - Document expert produced by respondents deposed that signature on Will did not tally with standard signature of deceased - Will was not signed by deceased and its authenticity has not..........
Will -- Genuineness - Will not making any provision for widow - No reasons provided for not providing any maintenance - Even her name did not find mention in the Will - No plausible explanation given for not associating any respectable of the village where testator used to reside and breathed his last - Propounder taking active part in execution of the Will - Will is..........
Will -- Mere proof of execution of Will or proving genuineness of testator's thumb impression is not sufficient to establish validity of Will unless suspicious circumstances are satisfactorily explained to the conscience of the court...........
Will -- Suspicious circumstances - (1) Testator seriously ill at the time of execution of Will and died within eight days of its execution and evidence as to mental capacity to execute Will not led (2) Testator literate but thumb marked the Will (3) Untrue statement that the testator has no sister and sole legatee is the real brother (4) Reasons depriving natural heir not..........
Will -- Suspicious circumstances - It may be a shaky signature, a feeble mind and unfair and unjust disposal of property or the propounder himself taking a leading part in the execution of Will under which he receives a substantial benefit...........
Gift and Will -- Do not stand at par - While determining whether gift deed is executed by the donor or not court cannot introduce suspicious circumstances which are pressed into service to determine the validity of the Will...........
Will -- Suspicious circumstances - (1) Strained relations between testator and propounder (2) Deceased living seperately till his death (3) Persons attesting will had been procured and their deposition self concradictory - will not written by petition writer but by clerk of an Advocate - will is surrounded by suspicious circumstances...........
Will -- Suspicious circumstances - (1) Neither original Will produced nor the loss thereof proved (2) Will registered after three years of its execution (3) Thumb impressions of testator on the Will not got compared with the admitted or his standard thumb impression (4) Original Will not even produced before Revenue authorities who sanctioned mutation on the basis of Will..........