Will -- Due execution - Attesting witnesses have to sign in presence of executant but not in presence of each other - Contention that since attesting witness did not recognize signatures of second attesting witness, due execution of Will is under doubt, held, rejected...........
Will -- Proof - Attesting witness of Will should not be disbelieved merely on account of fact that he forgotten the name of executant, particularly after elapse of long period of time...........
Will -- Proof - Sound disposing state of mind of testator - Testator executed Will on the same date of filing of suit by him - Once testator was of sound mind for filing of suit, he has to be taken to be of sound mind for execution of Will...........
Will -- Proof - Execution of Will by testator in favour of his wife - Due execution and attestation of Will proved on record - Testator was in sound disposing state of mind at the time of execution of Will - No evidence on record that propounder took active participation in making of Will - Will rightly held, to be duly executed, attested and proved...........
Hindu Succession Act, 1956, Section 6 -- Devolution of interest - Hindu male died intestate leaving behind a female heir specified in Class-I of Schedule of the Act and there existed a Hindu Undivided Family (HUF) - Consequently, in view of S.6 of the Act on death of Hindu male there was deemed to have taken place a partition in family with such shares falling to parties..........
Hindu Succession Act, 1956, Section 6 -- Succession - Right of widow of Karta - Widow of Karta on partition gets a share equal to that of a coparcener in an Hindu Undivided Family...........
Hindu Succession Act, 1956, Section 23(as -- Effect of amendment on pending cases - Suit filed by Hindu widow in 1999 - Bar created u/s 23 of the Act on right of woman to seek partition was removed in 2005, without a saving clause in favour of pending proceedings - S.23 of the Act thus, no longer applicable to pending cases before amendment of 2005 - Suit filed by Hindu..........
