Document Fragment View
Matching Fragments
(iii) Kiritbhai Melabhai Tadvi ..vs.. Narmadashankar Premjibhai Dave (Gujarat High Court S.A.No.267 of 2008) (reported in Indian Kanoon – http:/indiankanoon.org/doc/36086151) “Section 63 of the Indian Succession Act itself https://www.mhc.tn.gov.in/judis S.A.No.132 of 2021 and CMP.Nos.2693 & 21433 of 2021 makes a provision that the testator shall sign or shall affix his mark to the Will. Therefore, even if the testator was in habit of putting signature, law permitted him to affix mark to the Will. However, usually, when a person who is in habit of putting his signature wherever required, is found to have put his thumb mark, it creates a suspicion in the mind of anybody and therefore, in given case, it becomes necessary to know the circumstances for which thumb impression is put by such person. It is undisputed fact that the testator on the date of execution of the Will was 75 years of age and his wife was 70 years of age. It has come in evidence that the testator had also undergone cataract operation. Therefore, in old age and with lack of vision in eyes, the testator if decided to put his thumb mark, it would not raise any suspicion against genuineness of the Will. Putting of thumb impression by testator was witnessed by three witnesses and the Notary, as could be found from the evidence of witness Umedbhai Vallabhbhai examined at Exh.14 by the applicants. Therefore, simply because the testator had put his thumb mark is no ground to https://www.mhc.tn.gov.in/judis S.A.No.132 of 2021 and CMP.Nos.2693 & 21433 of 2021 doubt execution of the Will by the testator. ”