Rakesh Gupta scriber of the
Will deposed that Will Ex.PW3/A was scribed by him on the
.
instructions of Sh. Rakha ... that Tehsildar readover and explained the Will to Sh.
Rakha Ram. She nowhere stated that the Will was scribed in
the presence of Tehsildar
attestation of the Will. Not only he did not
take any instruction from testatrix before the Will was
scribed, but the same was done ... execution of the Will.
He states that he is an attesting witness to the Will as well
as scribe of the Will. The other attesting
signature on the Will. The entire Will is typed one. The name of Mr. T.S. Shah as a scribe, that of Saudagar as executant ... alleged execution of the Will. According to her, it was at Kedarpur that the Will was scribed by Mr. Chaudhary, Advocate. The paper for scribing
Will. I was present at the time. The Will was read over to her. She executed the Will through the pen of the scribe ... asking the attesting witnesses to attest the Will, that he was present when the Will was being scribed, that it was in his presence
execution of the Will. The Will itself is Ex. DW-2/A. The witnesses examined by him are the scribe of the Will, namely ... testified that the Will was executed by Labhu in favour of respondent-defendant Kali Dass and that the Will was scribed on his instructions
Will.
3. He died immediately after three days of the alleged execution of the Will by him.
4. The propounder of the Will ... Will, which is in English is not identified by the scribe of the Will (Exh. 265) i.e. Girdharsingh D.W. 2 for defendants
Sunkana Sivaram And Anr. vs Thota Venkata Seshubai (Died) And Ors. on 9 August, 2005
this witness. Will dated
4.2.2000 was also scribed by this witness. After
scribing the Will, the same was read over to Pohlo
Ram and Pohlo ... attesting
.
witness over the Will, dated 29.3.1993. The said Will
was got scribed by Pohlo Ram. This witness has
signed the Will in presence
witnesses or to get the Will scribed. He submits that
no stranger could be called to scribe the Will or to sign
as witness. Learned ... Scribe is also examined as DW6. Further, learned
counsel would submit that DW6 - Scribe of the Will has
deposed that he assisted Channigapa to affix
witnesses or to get the Will scribed. He submits that
no stranger could be called to scribe the Will or to sign
as witness. Learned ... Scribe is also examined as DW6. Further, learned
counsel would submit that DW6 - Scribe of the Will has
deposed that he assisted Channigapa to affix
