Will Will – Forgery of thumb impressions is nearly impossible – Therefore, adverse conclusion should not be drawn for affixing thumb impression instead of signing documents of property transaction – Genuineness of Cancellation deed cannot be doubted August 22, 2021 phlaw
Will Registration of Will—Presumption of due execution—Though as per law a registered and unregistered Will are at par but registration of Will does give rise to presumption of due execution, though the same could be rebutted by the persons challenging the Will by bringing cogent and convincing evidence June 3, 2021 phlaw
Will Will—Signature of Testator—Registered Will contained signatures of deceased—Whereas, the testatrix used to put thumb impression everywhere else—Will discarded Will—Suspicious Circumstances—Will was registered about 3 years after the alleged execution of the Will and after the death of testatrix–Will discarded March 19, 2021 phlaw
Will Will—Suspicious Circumstances—Court has to keep in mind the education, financial position and status of the executant in the society – Mere presence of beneficiary at the time of execution and registration of Will—Not a fatal defect September 25, 2020 phlaw
Will Will—Alienation of agricultural property by gift to a near relation (non- relative) in consideration of services and love and affection is permissible in District Gurgaon Will—Locus Standi to challenge—During the life time of widow of testator (and beneficiary) and widow of predeceased son of testator; sons of brothers of testator has no locus standi to stake claim in property of testator January 1, 2020January 1, 2020 phlaw
Will Will—Execution of—Merely because the Will is registered, it does not mean that it is a legal and a valid document December 9, 2019 phlaw
Will Will—Presumption that document which is 30 years old and is received from proper custody, was duly executed; is not applicable to the registered Will December 1, 2019 phlaw
Will Succession—Adoption—Even if the adoption is not proved, the Memorandum of Adoption can be treated as last wish (Testament/Will) of the testator/ owner. August 4, 2019 phlaw
Will Will—Life Estate—An absolute bequest in favour of a beneficiary cannot be treated to be a restricted life estate merely because testator had also regulated the bequest after the death of first beneficiary July 5, 2019 phlaw
Will Sucession Act, 1925, S.63 -Will–Suspicious Circumstances—First page of the Will did not bear the signatures of the testator or of the attesting witnesses- -Will discarded. July 1, 2019 phlaw
