time of execution of will, it cannot be expected that he will take
steps to prove the will of the testator. Thus, in such circumstance ... have knowledge about
the Will and the Will was not in his custody. From the plain reading of the will
and from the evidence adduced
executor's accepting his office, the property vests on him and the executor
derives his title from the will and becomes the representative ... executors by virtue of the Will and not by
virtue of the probate. Will gives property to the executor; the grant of probate is only
registration of the Will. It is
submitted that the scribe of the Will had never come and deposed. The
executor, in fact, had clearly stated ... capacity
to execute the Will of this nature. The said will cannot be the product of his
free Will and volition. The earlier proceeding
subscribed to the terms of
the Will.
The propounder of the Will has not only to prove the Will in accordance
with Section ... handmade Will or draft will. He was not present when the Will
was scribed. He also could not say who had typed the Will.
Sisir
Will of the Late
Maharaja of Burdwan by the executors appointed under the Will. The
advocate on record of the plaintiffs was informed that ... probated. Between 20th August, 1991 and 15th June,
1998 the executors of the said Will from time to time registered deeds of
release and assent
Will
dated July 16, 1963. Dhruba was the sole Executor under the Will of his father
Debaprasad Gooptu and also sole beneficiary. Dhruba obtained ... Nara Narayan Gooptu (the defendant no. 4
herein), the Executors appointed under the Will of the said Dhruba did not make
any application for substitution
last Will of a
free and capable testatrix. The proof of testamentary capacity and due
execution of the Will and that the Will truly represent ... executors in the teeth of the nature of suspicion
attempted to be raised by the caveators surrounding the executor of the
Will.
There
health of the testator during or prior to the executor of the Will.
Moreover, the respondent had failed to substantiate that one lady Smt. Shakti ... during his cross
examination has admitted that Rattan, the other executor wanted the Will to
fail in order to deprive him and his brothers from
alleged Will
without offering any satisfactory explanation for not being able to produce
the original Will.
It is submitted that the executors have relied upon ... free will. When a Will is challenged on the ground of suspicious
circumstances surrounding the execution of the Will the propounder is
obliged to remove
that the
3
said Will was written in his presence. There is no indication in the Will that
the said Will was read over ... testatrix signed the Will. Pulin Behari signed the will in presence of the
witnesses and the witnesses signed the Will in presence of the testatrix
