Will -- Suspicious circumstances - Non registration of Will - Not a suspicious circumstance...........
Will -- Suspicious circumstances - Exclusion of wife and son - Not a suspicious circumstance - Wife and son living separately for the last about 20 years at a different place and no evidence of restoration of cordiality in between them - Wife deserting testator - No evidence that testator was addicted to vices - Will not surrounded by suspicious circumstances...........
Will -- Suspicious circumstances - Testator suffering from chest pain just before his death not taken to Hospital - Not a suspicious circumstance in absence of evidence of magnitude of such illness...........
Will -- Suspicious circumstances - Presence of beneficiary at the time of execution of Will - Not unnatural as Will was executed in the house where she and testator were living...........
Will -- 30 years - Presumption u/s 90 Evidence Act - Execution of Will disputed - Availability of presumption u/s 90 Evidence Act not pleaded - When Will is disputed right from the initiation of the suit then it was incumbent on the defendant to speak in minimum words about the availability of presumption so as to caution the other party about his responsibility to rebut..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Will - Registered or unregistered - Law does not recognize any distinction between a registered and unregistered Will - Registered Will carries little more weight - Revenue Officer should sanction mutation on the basis of registered Will, if not shrouded by any suspicious circumstances and proved beyond doubt - In..........
Will -- Suspicious circumstances - No reason disclosed as to why the other natural heirs are excluded from the list of beneficiaries - No reason as to what prompted the testator to execute the Will, he being neither old nor having any ailment - The language of the Will reveals a professional hand, though alleged to be scribed by a novice - There is inter-spacing in the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of facts - Scope of interference - The Court can not shut its eyes to perverse findings of facts, arrived at by ignoring evidence on record - To do substantial justice, Courts has power to examine the totality of circumstances especially when there is sufficient material to show the suspicious nature of..........
Will -- Suspicious circumstances - Onus of proof to establish that Will was validly executed by testator is on the person who is beneficiary thereunder - Existence of suspicious circumstances may not lead to an inference that Will was invalid in law, but would certainly be a relevant factor to arrive at a finding that the Will was not executed by the testator in a sound..........
Will -- Suspicious circumstances - Effect of - Suspicious circumstances may not lead to an inference that the Will is invalid in law - But would certainly be relevant factor to arrive at a finding that the Will was not executed by the testator in a sound and disposing state of mind...........
