whereas defendant no.2 (Suresh Chaudhary) has set up a Will (testamentary
document) dated 21.02.1989 executed by late Chaudhary Roop Chand
bequeathing his agricultural land ... favour of defendant no.2 Suresh
Chaudhary.
To prove the Will (testamentary document), one attesting
witness, namely, Naresh Batra has been examined as DW5. Learned
questions of law arise in the present case:-
(1) Whether a testamentary document, duly proved on
the file in accordance with Section ... document). Will
(testamentary document) is a solemn document executed by a person who is
no more in the world. Such document can not be ignored
bequeathed in their favour under a "Will" (registered)-a
testamentary document dated 22.08.1994.
Learned trial Court after appreciating the evidence available ... justified in ignoring the
registered "Will"-a testamentary document unless there are strong
suspicious circumstances which create doubt in the mind
asserting a right in the property on the basis of the testamentary
document, remedy only lies in the Civil Court which would decide the
question
Code of
Civil Procedure was illegal;
(2) Will-a testamentary document in favour of Taran Dass is
not proved in accordance with Section
arise in the present case:-
(i) Whether an un-registered Will (testamentary document)
is presumed to be surrounded by suspicious
circumstances, if it is executed ... framed
above.
QUESTION NO.1
Whether an un-registered Will (testamentary
document) is presumed to be surrounded by
suspicious circumstances, if it is executed
that the Will dated 30.05.2008 is forged and fabricated document, however,
that would not improve the case of the petitioner. Here is a case where ... plaintiffs had
failed to seek relief as per the registered Will-testamentary document and,
therefore, the plaintiffs sought permission of the Court to withdraw
separate litigation learned Civil
Court has held that different Wills (testamentary documents) set up by the
different parties are not proved and the property
this plea. No allegations have been made
against the document writer. The document writer, who is a professional,
has no axe to grind ... marginal witness. The agreement to sell is not a testamentary
document that the attesting witness must know everything. He is only
required to attest
directing defendant No.1 to produce the original
Will-a testamentary document on the next date i.e. on 22.12.2016 failing
which he will
