Will -- Suspicious circumstances - Will registered - Testator had gone to get the Will scribed at 4.30 p.m. - Will first hand written then it was typed and again it was brought back to the deed writer who read over the same to testator - Testator and witnesses thereafter signed the Will - The entire process must have taken about two hours - How the Will could be registered..........
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..........
Evidence Act, 1872, Section 68, Succession Act, 1925, Section 63 -- Will - Proof of execution - Requirement - Proof of execution of Will shall strictly be in terms of Sec. 63 of Succession Act - Where there are suspicious circumstances surrounding the execution of the Will, the onus is on the propounder to remove the suspicious circumstances - Mere compliance of statutory..........
Will -- Suspicious circumstances - Distinction between well founded suspicions and suspicion alone - Existence of suspicious circumstances alone may not be sufficient to discard Will...........
Evidence Act, 1872, Section 32 -- Dying declaration - Principles governing : (i) There is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration; (ii) If Court is satisfied that dying declaration is true and voluntary it can base conviction on it, without corroboration; (iii) The Court has to scrutinize the dying declaration..........
Indian Penal Code, 1860, Section 376 -- Rape - Two constables - Not known earlier - Names disclosed by others present after occurrence - Accused seen by prosecutrix for the first time of incident and secondly at time of recording statement during trial - Accused identified in Court - Identification parade not held - Gross negligence committed by IO in not recording..........
Will -- Registered - Superseded by another registered Will after 9 years - Will not registered at the time of its execution or later and testator died more than one year after the execution of Will - Held, it is a suspicious circumstance...........
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 -- Onus of proof - Propounder to prove the genuineness and authenticity of will and that will was executed by testator in sound disposing mind - He has to prove due execution of will and to dispel suspicious circumstances surrounding such execution...........
Evidence Act, 1872, Section 32 -- Dying declaration - Principles governing: (i) Dying declaration can be acted upon without corroboration; (ii) Accused can be convicted on the basis of dying declaration without corroboration, if it is true and voluntary; (iii) The Court has to scrutinize the dying declaration carefully and must ensure that the declaration is not the result..........
