Will -- Execution - Proof - Attesting witness not stating in examination-in-chief that he signed the Will in the presence of the testator - Cannot be held that there was no due attestation - It will depend on the circumstances elicited in evidence whether the attesting witnesses signed in the presence of the testator or not...........
Evidence Act, 1872, Section 101, 102 -- Mere fact that a person signs the document as an attesting witness does not establish that he was aware of their contents - The burden of proving that he had such knowledge and was a consenting party to the transactions embodied in them lies upon the party who rely upon these documents...........
Will -- One attesting witness examined - Non examination of the other attesting witness is not fatal...........
Evidence Act, 1872, Section 67, 68, 69, 70, 71, 72, 73 -- Sale deed - Proof - Attesting witness or any other witness proving execution of sale deed not examined - Relevant register of Registration Authority also not produced - Mere marking of document as exhibit not sufficient to dispense with the proof - Sale deed is not proved...........
Will -- Suspicious circumstances - Correspondence of the testator with the Govt. Officials showing strained relations of testator with the propounder of Will - Son excluded - No reasons to exclude son - Will executed in favour of propounder on account of services rendered - No proof of service rendered - Rather relations of propounder shown to be strained with the testator..........
Will -- Execution - Proof- Suspicious circumstances - One of the attesting witness stated that he is closely related to one of the defendants, that he does not know whether executor is literate or illiterate, put the age of executor 85 years whereas in the will it is shown 65 years - Other attesting witness stated that will was executed by Teja Singh and it was read over..........
Will -- Execution - Proof- Document writer - When he signs the Will only in his capacity as a document writer, he cannot be treated as an attesting witness...........
Hindu Adoptions and Maintenance Act, 1956, Section 6 -- Adoption - Proof - Adoptive mother aged 86 years could not be produced in Court - Three other witnesses present at the occasion of adoption examined - One of them a priest and other one being a person who was also present at time when deed of admission of adoption was executed by adoptive mother and was an attesting..........
Will -- Execution - Proof - (1) The testator must have attained the age of majority and should be of sound mind (2) Testator must have the capacity to understand the effect of disposition (3) It must have been executed of free will (4) The Will should be signed or marked by the testator (5) It should be attested by at least two witnesses (6) At least one attesting witness..........
Will -- Attesting - Meaning - Attesting is more than a mere signing of the Will - Signing must be with the purpose to testify the signature of the executant...........
