Will -- Suspicious circumstances - Recitals in Will appears to more intended to save adoption and settlement deeds, than to bequeath share of testator to legatees - Even, Will does not contain any recitals to the effect that it was read over and explained to her and she affixed her thumb impression after understanding contents of documents - Moreover, Will recites that..........
Will -- Suspicion circumstances - Testator died within 24 hours of execution of Will - It is thus not believable that testator might have foreseen his death so close that he opted to rush at a distance of 30 kms away from his native village that too ignoring the nearby Tehsil to execute the Will - Possibility of manufacturing of Will by propounder by obtaining thumb..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Comparison of thumb impression of testator on Will with thumb impressions on mortgage deed - Expert evidence by way of additional evidence cannot be allowed at this stage, as such type of evidence was required to be led in affirmative - Even otherwise, evidence cannot be permitted as alleged thumb impression..........
Evidence Act, 1872, Section 32(1) -- Dying declaration - Thumb impression - Document cannot be discarded being thumb marked by burnt victim instead of her signatures, especially when it was signed by two independent witnesses i.e. doctor and Naib-Tehsildar - Dying declaration, held reliable and admissible...........
Will -- Proof - Will duly proved by so, i, law of scribe as scribe died - He identified the signatures of scribe as he was very well acquainted with his signatures - Attesting witnesses deposed that Will was scribed by scribe on the asking of testator and that testator was in his senses and was mentally stable at the time of execution of Will and that testator thumb marked..........
Evidence Act, 1872, Section 32 -- Dying declaration - Evidentiary value Deceased suffered 80% burnt injuries - Dying declaration bearing left thumb impression of deceased, signatures of Investigating Officer and medical officer - Can be relied upon - Mere fact that statement was not preceded by certification, that deceased was in fit state of mind while making dying..........
Will -- Suspicious circumstance - Thumb impression of testator - Plaintiffs contended that testator used to sign the documents in Urdu in his life time but Will bears his thumb impression, which renders Will doubtful - However, said fact is not proved on record as, testator suffered a mild paralysis in his right hand, due to this he was not in a position to properly sign..........
Agreement to sell -- Specific performance - Defendant not only signed the agreement but also affixed his left thumb impression - No evidence to show that agreement to sell and endorsement do not bears his signatures and thumb impression - Contention of defendant that he has not signed the document is misconceived - Scribe of agreement categorically deposed that contents of..........
Will -- Suspicious circumstances - Testator used to sign but she put her thumb impression on Will - Testator was in mid 80's at the time of execution of Will - A person ages much faster in his later years as compared to his early years - Testator was not in a position to pen her signatures at the time of execution of Will...........
Will -- Proof - Neither original Will produced on record nor permission sought to prove Will by way of secondary evidence - No material on record as to who is the custodian of Will and where it lies - None of attesting witnesses of Will examined - Even thumb impression of testatrix on Will not proved - Will not proved - Property left behind by deceased be inherited by her..........
