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Showing contexts for: draft document in Mrs.Shylaja Subramaniam vs A.N.Ajit Kumar .. Plaintiff In Tos. ... on 27 November, 2018Matching Fragments
18. The name of one P.V.B.Mani, Advocate along with his address was originally written on page (2) as the person who had drafted the Will. His name and address are however struck out and the words ‘Drafted by self’ have been written in hand. According to the daughter, this is also a suspicious circumstance as it is highly unclear as to who had drafted the document.
19. According to her, the Will, being a typed document, would lead to the automatic conclusion that it had been forced on the testator as the general presumption was only in favour of the genuineness of a holograph.
38. It is usual or routine for an Advocate to affix his name and contact details upon a document drafted by him, and that is what Mr. Mani appears to have done. The testator however has struck off the name of the Advocate and written ‘self’ to reiterate that the document is a reflection of his own intentions. I do not see anything warranting suspicion in this. On the contrary I believe it indicates clarity of mind on the part of the testator that imbues credence to the Will and the intentions of the testator. The testimony of M.S.Vasan itself appears credible. In the course of deposition, he talks neutrally about the affection that the testator has had for his daughter and the overall tenor of the testimony does not raise any suspicion in one's mind. In the light of the aforesaid narration, the insertions on pages 1 and 2 of the Will are held not to be unnatural or suspicious.