Will -- Suspicious Circumstances - (i) Testator taken from village to office of Registrar for execution of Will, but no respectable person of village associated when Will was scribed (ii) Beneficiary took a active participation in execution of Will (iii) All attesting witnesses are of the choice of beneficiary, one of the attesting witness close relative (iv) Testator was..........
Interested or partisan witness -- Evidence of such a witness not to be discarded merely on the ground that he is either partisan or interested or closely related to the deceased, if it is otherwise trustworthy and credible - It only requires scrutiny with more care and caution - If on such careful scrutiny, the evidence is found to be reliable and probable, it can be acted..........
Evidence Act, 1872, Section 32 -- Dying declaration - Principles laid down by Supreme Court : (i) There is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration; (ii) If the Court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration; (iii) Court has to scrutinise..........
Will -- Onus to prove due execution of Will as well as that the same is not surrounded by suspicious circumstances - Always on the propounder of Will...........
Will -- Suspicious circumstances - Will in favour of one legal heir, excluding others - Recital in Will that legatee rendering service to testator - Legatee not appeared in witness box nor any of the witness deposed regarding rendering of service by legatee - No corroborative evidence of any special reason to prefer legatee for succession and to exclude others - Attesting..........
Will -- Suspicious Circumstances - Registered Will although duly proved by examining attesting witnesses, scribe & tehsildar discarded on following counts (i) No special circumstance to prefer legatee over other similarly placed legal heirs (ii) Wrong recital in Will that beneficiary / legatee is sole legal heir whereas there are other legal heirs (iii) No cogent reason..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signed blank cheque - Defence that a signed blank cheque was handed over by an account holder is inherently suspicious - Burden rests heavily on shoulders of account holder to claim absolution from culpable liability...........
Will -- Suspicious circumstances - Merely because a near relation or blood relative excluded by itself not a suspicious circumstance...........
Will -- Mention of name of beneficiary getting the will executed in his own favour - By itself not a suspicious circumstance...........
Will -- Exclusion of wife - Not a suspicious circumstance - Whole idea behind execution of Will is to interfere in normal line of succession and so natural heirs would be debarred in every case of Will...........
