Will -- Registered - Proof of execution - Sub Registrar when testifies that parties signed/thumb marked the Will in his presence and the contents thereof were read over before doing so, the Will in question is a valid one...........
Will -- Entered in proceedings book of Panchayat and a large number of persons who had gathered there signed the proceedings book - No explanation as to why Will was executed in the presence of large number of persons which is otherwise considered to be a secret document - Panchayat proceedings book is not meant for recording Will - Thumb impression of testator differing..........
Evidence Act, 1872, Section 68, 71 -- Proof of execution of Will - Registered Will - One of attesting witness expired - Other attesting witness, Deed Writer & Sub-Registrar examined to prove execution of Will - Attesting witness denied putting of thumb-impression by testator & other witnesses in his presence - Evidence of attesting witness found to be fluctuating and not..........
Succession Act, 1925, Section 63 -- Will - Execution of - Proof - The will a registered documents more than 30 years old - Witness categorically stated that `K' signed the will in his presence and the same was attested by `D' - Held that it satisfies the requirements of Section 63 of the Act...........
Will -- Validity of - Conscience of Court must be satisfied that the Will in question not only executed and attested in the manner required under Indian Succession Act, but it should also be found that said Will was the product of free volition of executant who had voluntarily executed the same after knowing and understanding the contents of the Will - Whenever there is..........
Will -- Registered - One witness not accepting his thumb impression on the Will - Report of Finger Print Expert that the thumb impression of the said witness tally with the thumb impression in the register of Sub Registrar - One witness deposing that testator signed the Will in his presence and that both the attesting witnesses have seen the testator thumb marking the Will..........
