Will -- Proof - Will if attested by two or more witnesses - It is not necessary for all the attesting witnesses to prove the execution of Will - Same can be proved by calling only one attesting witness...........
Will -- Attestation - Even if the attesting witness has not seen the testator signing the Will but if he received personal acknowledgement from the testator about his signature on the Will, then it will be sufficient for attesting witness to sign the Will in the presence of testator...........
Will -- Two out of four attesting witnesses of Will stated that Will had been signed by testator in their presence and the Will was read over to them and thereafter they also signed - Execution of Will was duly proved by witnesses and issuance of probate cannot be denied only on the ground that third witness had some contradiction in his statement - Will is proved...........
Will -- Proof - Will written and signed by testator and two attesting witnesses proved that Will as signed in their presence and subsequently they had also signed the same as attesting witnesses - Sufficient to prove execution of Will...........
Will -- Proof of - Registered Will was executed in favour of one daughter/defendant - Will was proved by one of attesting witnesses of Will - Scribe of Will also deposed as DW9 - Wife of testator deposed that had other daughter and her children taken care of them then they would have given 1/2 share of suit property to them as well - Will in favour of one daughter of..........
Will -- Mutation on the basis of Will - In order to take advantage of Will for getting name of beneficiary mutated in the revenue records, beneficiary must prove that Will was a genuine one and must remove all suspicious circumstances which are attached to it by examining at least one of attesting witnesses as well as by proving the mental status of testator, willingness..........
Will -- Mutation on the basis of Will - In order to take advantage of Will for getting name of beneficiary mutated in the revenue records, beneficiary must prove that Will was a genuine one and must remove all suspicious circumstances which are attached to it by examining at least one of attesting witnesses as well as by proving the mental status of testator, willingness..........
Will -- Attestation - Pre-requisite qualification of attesting witness is not that he must be well versed with the signatures of testator - Attesting witness is required to attest the document including the Will by certifying that testator has singed the Will in his presence - He is not supposed to be acquainted with signatures of testator...........
Will -- Execution - Witnesses have identified their signatures on Wills only being scribes and not one of the attesting witnesses - Statutory requirement of Will have been attested by two witnesses has not been fulfilled...........
Will -- Suspicious circumstances - No attesting witness of Will has been examined as per provisions of S.68 of Evidence Act - Even, thumb impressions of testator has not been got proved from any handwriting and fingerprint expert - No reason assigned in the Will that why widow of testator was deprived from bounty of deceased and even no provision for her maintenance has..........
