Succession Act, 1925, Section 376 -- Probate - Will - Any question of title cannot be gone into in a probate proceeding and construction of Will relating to right, title and interest of any person is beyond the domain of probate Court, and hence the Probate Court is not competent to determine the question of title or nature of ownership of property of testator or even the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Probate proceedings - When intervenors are questioning the title of testator, they would be stranger to proceedings - Remedy for a person questioning title, existence of property, construction of Will relating to right title and interest of any persons lies in filing a separate suit or an application..........
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 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...........
Will -- Genuineness of Will - Scribe and one of the witnesses were unison - Testator was conscious of the fact that he had a wife and a minor child whose interest had been take care of by leaving part of the property for them - No error committed by High Court in holding that Will was not surrounded by suspicious circumstances...........
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...........
