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
Will Will—Proof of Execution—Attesting Witness did not state as to whether the other witness signed/thumb marked in the presence of the testator which is mandatory requirement of law—Will discarded July 1, 2019 phlaw
Will Will—Proof of Relationship—Beneficiary of Will failed to prove their relationship with testator as claimed—Will discarded even though it was registered and supported by attesting witness June 27, 2019 phlaw
Will Will–Suspicious Circumstances- Once a Will is duly proved in terms of Sections 63 and 68 of Evidence Act it cannot be rejected on mere conjectures, presumptions or suspicious circumstances. June 22, 2019 phlaw
Will Will—Suspicious Circumstances—Manual photograph instead of photo from web-camera-When the date of execution as well as registration of the Will happens to be identical and even the executants had specially gone to District Head Quarters for the same purpose on that very date, the omission by way of Web-Photographing of the executant and witnesses in the Sub-Registrar’s Office as in normal course, actually renders the said Will to be a very suspicious document-Will discarded. June 19, 2019 phlaw
Will Will—Proof of Execution—Merely because other property in other village has been sanctioned mutation on basis of said will; the will cannot be deemed to have been admitted April 2, 2019 phlaw
Will Will—Proof of Execution—One of the attesting witness, who had expired, his signatures were identified by his son—Provision of S.68 and S.69 of Evidence held to be complied with March 30, 2019 phlaw
Will Will—Attesting Witness—Merely because one of the attesting witnesses was a beneficiary under the Will cannot be considered as suspicious circumstance March 18, 2019 phlaw
Will Primary Evidence—If the two original copies of the contract are prepared and signed by the parties, each copy would be primary evidence. Will—Suspicious Circumstances—Court is required to see whether the foundation of the suspicious circumstances has been laid in the pleading followed by evidence and the suit alleges suspicious circumstances are substantive and not based upon conjectures and surmises March 15, 2019 phlaw
Will DNA Test—Will—Suspicious Circumstances—No harm and prejudice would be caused in case the DNA test of beneficiary/claimant is permitted to be conducted March 9, 2019 phlaw
