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...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial Court, without assigning sufficient ground for substratum of constituting the offence, has wrongly observed that the role of petitioners is suspicious - No specific or cogent reasons have been assigned by Court as to how petitioners are involved in crime - Reasoning that police authority..........
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 -- Proof of - Plaintiff being propounder of Will has to prove Will to remove suspicious circumstances as alleged by defendants - However, plaintiff failed to prove Will as required u/s 69 of Evidence Act - Will discarded and suit for permanent injunction on basis of Will rightly dismissed...........
Will -- Proof of - Plaintiff being propounder of Will has to prove Will to remove suspicious circumstances as alleged by defendants - However, plaintiff failed to prove Will as required u/s 69 of Evidence Act - Will discarded and suit for permanent injunction on basis of Will rightly dismissed...........
Will -- Suspicious circumstances - Plaintiff stated that Wills were executed on stamp papers, however, Wills on record have been executed on plain papers - Defendants have taken a plea that their thumb impressions were obtained on some blank papers on the pretext of using these thumb impressions in civil case - Both the testators were illiterates is duly corroborated by..........
Will -- Suspicious circumstances - First two pages of Will containing entire subject matter of Will were not bearing any thumb impressions of testator - No sanctity therefore could be attached to these two pages of Will - Fabrication of Will cannot be ruled out - Will discarded...........
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..........
Will -- Suspicious circumstance - Testatrix stated in Will that adopted child would perform her funeral rites, panda pradaan and other annual shastric ceremonies - However, adopted son was less than one year of age at that time and testatrix was in her 70s - This expectation on her part if at all believable was wholly unrealistic - However, grandson performed obsequies of..........
