suspect the will. That the stated witnesses to the will being related to the beneficiary cast a further suspicion on the will.
11. Learned Counsel ... clouding the existence of the will in relation to the date on which the will was propounded. Admittedly, the will was propounded by the appellant
counsel for the respondent no. 1/petitioner has contended that
scribe of the Will can also be an attesting witness. It is submitted that what ... Will. Even on bare
perusal of Will Ex.PW1/4, it is seen that he had signed the Will at two
places. The stamp
Others , the scribe of a will in his testimony had categorically stated that
the will was scribed by him at the dictation of the testator ... that the testator had dictated the will to the typist. If
the will was got typed by the scribe, then the will should have been
execution of the Will, it supports the explanation of the appellant, the propounder of the Will that the Will could not be signed ... testator at the time of execution of the Will and the Will having been scribed by him on the instructions of the testator
where the Will was scribed, whereas, as deposed by PW-1
scribe, he sits at Kashmere Gate, where the Will was executed. This also
creates ... where the Will was entered.
These circumstances also suggest that these witnesses were not
present at the time when this Will was scribed, as deposed
Will. The Will was drafted by
Mr.M.N.Sharma, Advocate at Roshan Lal's instructions. He had put
his signatures on the Will ... Will dated 03.03.1997 (Ex.PW-1/1)
was not a valid Will. Learned counsel for the appellant urged that
Mr.M.N.Sharma, scribe
probate of the Will dated 21.4.1980 stating that this Will dated
21.4.1980 was the last and genuine Will of the deceased testator. This
petition ... Advocate, coupled with the Will Ex.R-2/1, would reveal that
he had signed the Will as a scribe only. In fact
from perusal of the subject Will, it is evident that the
page on which the subject Will has been scribed has been folded four
times ... subsequently, withdrew the same, while
admitting that the Will dated 10.05.1989 (subject Will) was the last
Will of the Testatrix. This fact proves that even
Seelam Pur for the will
to be scribed; the scribing of the will under the purported
directions of Kailash Wati; her executing the same ... will that the property is on
rent also raises the eyebrows leading to an inference that the
person who got the will scribed
Will.
ii) The Will has been drafted by an Advocate who
has interest in the sole beneficiary under the Will.
iii) There is no cause ... heirs.
iv) The active role of the beneficiary in
getting the Will scribed, registered and collected.
v) There is no explanation as to why power
