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Thursday, March 11, 2010

Will--Execution of--Genuineness of

2010(1) LAW HERALD (P&H) 234
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Regular Second Appeal No.2155 of 2006
Sheela Rani & Ors.
v.
Tarlok Chand & Ors.
{Decided on 11/08/2009}
For the Appellant: Mr. Parveen Kumar, Advocate.
For the Respondent: Mr. R.K. Arya, Advocate.
(A) Succession Act, 1925--Will--Execution of--Suspicious circumstance--If either no reasons are recorded in will or spilt out from evidence produced on record regarding deprivation of some of legal heirs of equal degree then certainly a doubt is cast on genuineness of Will. (P.13)
(B) Succession Act, 1925--Will--Execution of--Genuineness of Will--Three sons and one unmarried daughter deprived of property by testator at time of alleged execution of Will without any valid reason--Propounder failed to dispel this suspicious circumstance--Will held to be fabricated document. (P.13)
(C) Succession Act, 1925--Will--Execution of--Genuineness of--No explanation furnished as to what was necessity of thumb marking the Will especially when testator being literate could sign the Will--This circumstance was rightly taken to be a suspicious one, casting doubt on genuineness legality and validity of Will. (P.14)
(D) Succession Act, 1925--Will--Execution of--Validity and legality of--No explanation furnished as to why deed writer did not obtain signatures and thumb impression of testator and attesting witnesses in deed writer register--Contents of Will was not recorded in deed writer register--Will held to be not executed in manner disposed to by deed writer but was a fabricated document. (P.15)
(E) Succession Act, 1925--Will--Execution of--Legality and validity of--Wrong recitals recorded in Will that testator had one son and two daughters from first marriage whereas it is proved that he had one son and three daughters from first marriage--No explanation furnished by any of witnesses regarding wrong recital recorded in Will--It was rightly held a suspicious circumstance casting cloud of doubt on genuineness of Will. (P.16)