Agreement to sell -- Execution - Defendant denying execution and stating that blank singed paper was left with plaintiff - When document is admitted to bear signature, burden of proof shifts upon person alleging execution nugatory. (Evidence Act, 1872, S.114)...........
Will -- Execution - Proof - At least one attesting witness to be examined who should depose not only about the testator's signature or affixing his mark to the Will but also that each of the witnesses has signed the Will in presence of the testator...........
Will -- Suspicious circumstances - (1) Signature of legatee appearing on the Will (2) Legatee never lived with testator and never served him (3) Testator had no relationship with legatee and no just reason to execute the Will in her favour (4) Execution of Will not free from undue influence exercised by legatee - Evidence shows that it was not a genuine Will...........
Will -- Original lost - Photostat copy - Proof - Scribe deposing that the photostat copy is that of the original Will bearing signatures of testator and of attesting witnesses - Photostat copy appearing neither forged nor manipulated - Signature of testator on photostat copy on comparison with specimen signature of Bank account found to be of the testator - On facts, Held,..........
Will -- Registered - Suspicious circumstances surrounding the execution of Will-At the time of execution of the Will the plaintiff was not in good terms with his father, the testator, and was living separately-Possibility of getting the signature of testator in a fraudulently manner-Merely because the Will is registered will not dispel the doubt as to genuineness of the..........
Will -- Exception - Opinion of an expert as to the identity of the signature of the testator in the Will is not relevant. (Evidence Act, 1872, Ss.45, 68, 69, 70, 71)..........
Will -- Execution - Signature or mark of the testator or the signature of the person signing for him - Should be so placed to give the effect to the writing as a Will - In addition to this the Will must also be duly attested as stipulated under S.63 of the Succession Act. Indian Succession Act, S.63)..........
Will -- Very closely written leaving little space on the sides as well as at the bottom-Will scribed on two place of papers - If the Will had been executed voluntarily more than two piece of papers could be used instead of clumsily scribing on two papers-signature of testator not taken at the foot of both the pages of the Will-No endorsement by scribe that the Will was..........
Will -- suspicious circumstances - (1) No reference in the Will as to why the natural heirs excluded from inheritance (2) Parties not raising the plea that testator had inimical relations with the natural heirs or any other special reason for excluding them from inheritance (3) Will executed in the city but not scribed by - a deed writer (4) Name and signature of scribed..........
Will -- Attestation - only when a person puts his signature or mark on the document he can be said to have attested-simply because his name figures as a witness, the will cannot be said to have been attested in the absence of his signature or mark on the document - Attesting witness to a will cannot authorise anyone else to sign or put the mark on his behalf...........
