Will -- Suspicious circumstances - Beneficiary of Will did not satte about execution of Will in her favour by her father in proceedings u/s 144 of Cr.P.C. though the said property relates with same property under Will - No explanation given for the same by beneficiary during her cross-examination - Will shrouded by suspicious circumstances...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Test of suspicious circumstances as applicable to Will is not applicable to deed of gift - Once it is found that document of gift is registered and signature of donor is proved, it cannot be held to be invalid unless a case of fraud or misrepresentation is made out...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Partition suit - Gift deed executed in favour of defendants is a registered document and was executed by deceased in respect of his self acquired property - Two attesting witnesses proved the gift deed - Findings of lower Appellate Court reversing the decree passed by trial Court on the ground that gift deed was..........
Will -- Suspicious circumstances - Propounder of Will to repel all suspicious circumstances surrounding the Will and to prove genuineness of Will - Propounder also to prove that (i) the Will was signed by the testator; (ii) at the relevant time, testator was in sound disposing state of mind; (iii) testator had understood the nature and effect of depositions and had put his..........
Will -- Suspicious circumstances - Testamentary Court is a Court of conscience and not a Court of suspicion - It is not the law that, whenever a Will is sought to be proved in Court, the Court should start with the presumption that the Will is not genuine or that it is fraudulent or that the person who chooses to establish the Will must remove all such suspicions even when..........
Will -- Validity - Claim of title on the basis of unregistered Will - Defendant claiming right on the basis of sale deed - Defendant being third party, claiming right under the sale deed, cannot insist even for the proof of Will as per S.68 of Evidence Act, much less raising suspicious circumstances in the Will - Defendant cannot question validity of Will...........
Will -- Suspicious circumstances - Claim of title on the basis of unregistered Will - Defendant claiming right on the basis of sale deed - Defendant being a stranger, cannot insist to prove Will as such burden of removing suspicious circumstances, does not arise...........
Will -- Oral Will - Can be accepted if proved sufficiently, as contemplated under law and not shrouded by any mysterious or suspicious circumstances...........
Will -- Suspicious circumstances - Testator used to sign but she put her thumb impression on Will - Testator was in mid 80's at the time of execution of Will - A person ages much faster in his later years as compared to his early years - Testator was not in a position to pen her signatures at the time of execution of Will...........
Will -- Suspicious circumstances - Each and every circumstance is not a suspicious circumstance - A circumstance would be suspicious when it is not normal or is not normally expected in a normal situation...........
