Will -- Suspicious circumstances - Testator stated in his Will that he is unmarried man - However, one of attesting Witnesses of Will himself admitted that testator was married - No explanation is given for the same - More so, insertion of signatures of one witness `S' vertically on two pages which bears the attestation is suspicious - Moreover, other attesting witness of..........
Will -- Suspicious circumstances - Execution of Will in favour of mother to the exclusion of wife - Scribe of Will stated that testator never talked to him about execution of Will - Attesting witnesses of Will related to mother - None of two witnesses were acquaintances of testator - Other suspicious circumstances were non-registration of Will and depriving the wife of..........
Agreement to sell -- Specific performance - Agreement to sell did not bear any signature/seal of stamp vendor - Agreement to sell was thus, surrounded by suspicious circumstance...........
Agreement to sell -- Specific performance - Deed writer who allegedly scribed the agreement to sell admitted that though he maintained a register, however, there was no entry made regarding scribing of the agreement to sell - Original agreement to sell also did not bear any signature/seal of the scribe which could show that he scribed the said agreement to sell -..........
Will -- Probate - Witnesses of Will stated that at the time of execution of Will testator was in a good physical and mental health and he voluntarily completed all formalities of Will and his signature has been identified by witnesses - Testator executed the Will without any coercion and pressure, fully understanding the contents of Will - There appears no suspicious..........
Will -- Proof - Will in question is a handwritten Will which is allegedly thumb marked by testator and it is attested by two attesting witnesses - However, one of attesting witness failed to prove that Will was executed in accordance with law - Moreover, Will was produced in first appellate Court during pendency of suit after nearly 30 years from its execution - Propounder..........
Will -- Suspicious circumstance - Exclusion of natural heirs - Mere exclusion of natural heirs from any benefit is not of such suspicious circumstances as to create legitimate doubts on the genuineness of Will...........
Will -- Exclusion of natural heirs - Will is executed only to alter the mode of succession and by the very nature of things it is bound to result in either reducing the share or depriving the share of natural heir - Merely because some of the heirs have been excluded the same cannot be held to be suspicious circumstance...........
Will -- Suspicious circumstances - Exclusion of natural heir - Will in question was proved by its scribe and attesting witnesses - No medical record produced to reach a conclusion that testator was not in sound mental and physical health when Will was executed - Defendants are not strangers but nephew of testator - Merely because defendants have been given suit property..........
Will -- Suspicious circumstance - Ill health - From the evidence of witnesses, it cannot be held that testator was not in good senses and was unable to understand the welfare or take correct decisions - Will cannot be held to be suspicious on the ground of alleged ill health of testator at the time of execution of Will...........
