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Thursday, March 11, 2010

Testator was aged about 90 years at time he allegedly executed the Will

2010(1) LAW HERALD (P&H) 248
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
R.S.A. No. 2833 of 2009
Kartar Singh
v.
Tasvir Singh
{Decided on 03/08/2009}
For the Appellants: Mr. Pankaj Jain, Advocate.
Succession Act, 1925, S.63--Will--Execution of--Legality and Validity of--Testator was aged about 90 years at time he allegedly executed the Will--Scribe stated that he did not know testator--Attesting witness stating that he did not know as to who executed Will--He also admitted that testor was suffering from illness and not having sound disposing mind--Propounder failed to discharge onus to prove execution, legality and validity of Will--Court below rightly discarded Will.