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
execution of the Wills produced and have erroneously concluded that the Wills Exs. D-2 and D-10 produced arc the Wills executed ... execution of the Will. Though it is for the
propounder of the Will to prove the due execution of the Will, the Trial Court
after the scribe of the Will read over the contents of the Will testator affixed his signature to the Will. According to him after ... scribe went on writing the Will as per the instructions of Basavannappa without preparing a draft Will, the scribe who has written the Will
Will that has been duly executed by her
sister Parvathamma out of her free will and volition.
Ex.D-1 is the Will. The scribe ... execution of the Will by Parvathamma, he had drafted
her Will, but he had not retained the draft of the Will.
On the other hand
examined. On the contrary, the defendants have examined the scribe of the Will as D. W-2. They have also examined one more witness ... attestation of the Will. Unless the attestation of the Will is proved in accordance with law, the Will is not proved. The evidence on record
person who puts thumb impression. In a case where the scribe of the Will turned hostile inasmuch as from the very beginning of the proceedings ... Will and also to have attested the thumb impression of the executant, his evidence is acceptable for holding that the Will was scribed
Will and the improbabilities of his being called as an attesting witness to the Will and non-examination of the scribe of the Will ... than 70 years on the date of the execution of the Will. The scribe of the Will would have been the best person to explain
know that the children of the attestors of the will and also of the scribe are very much available since the attestors
of the will ... availability of the children of the attestors and the scribe of the will and finally the respondents contended in the objection statement that the appellant
katha of the properties were not changed by virtue of the Will.
6. Will disinherited Clause I heirs i.e., the mother and the sister ... reason to keep the Will secret.
14. Testator could have stated of the Will to his daughter.
15. The scribe was not a professional writer
