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1 - 7 of 7 (1.40 seconds)Section 68 in The Indian Evidence Act, 1872 [Entire Act]
The Registration Act, 1908
Gurpal Singh vs Darshan Singh on 17 March, 1997
22. In the absence of evidence to show that at the time
of execution of the Will the testatrix was suffering from any
mental ailment or was incapable of making disposition, the
execution of the Will should not be doubted. It is held so by the
Punjab and Haryana High Court in Gurpal Singh v. Darshan
Singh, 1998 (1) S.L.J. 174. True it is that DW-2, one of the marginal
witnesses to the Will, did not support the plaintiff's case,
however, he admits his signatures thereon. Not only this, but as
per his version at the time when he had signed the Will the
contents thereof were already reduced into writing.
The Indian Succession Act, 1925
Section 30 in The Hindu Succession Act, 1956 [Entire Act]
Shakuntala Devi vs Savitri Devi And Ors. on 11 January, 1996
29. to
In a similar set of facts and circumstances this Court,
in Shakuntala Devi v. Savitri Devi and others, AIR 1997, HP 43, has
held the Will legal and valid irrespective of the attesting witness
failed to depose about its contents and minor contradictions in
the depositions made by the witnesses and also some natural
heirs excluded. As a matter of fact, a document like Will is
executed with the intention of the testator to deprive some of
the legal heirs from succession. Therefore, if defendant No.1 has
been excluded from inheritance of her estate by the testatrix
that too for valid reason discussed supra, the Will cannot be said
to be a forged or fictitious document. The same rather a duly
executed document by the testatrix in favour of the plaintiff.
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