bequeathed item Nos.1 to 14 in her favour by the unregistered Will Ex.B29 dated 10.12.1975. Inasmuch as the plaintiff Sampath was motherless ... being the propounder of the Will was enjoined to prove the unregistered Will to the satisfaction of the court. As a sequela
Will indisputably will depend upon the facts and circumstances of each case. It is for the propounder of the Will to remove the suspicious circumstances ... fresh Will. It is not uncommon on the part of a testator to cancel the earlier Will and execute a fresh Will by virtue
wife of Ponnusamy, got herself impleaded on the strength of the unregistered Will dated 2.7.2003 executed by Karupayalh in favour of Dhanalakshmi.
5. D1 remained ... Palanisamy, inherited the property of Palanisamy, yet they disbelieved the unregistered Will-Ex.A9 without any basis whatsoever and that too, belittling and slighting, ignoring
unmarried state and during his lifetime he executed the unregistered Will, Ex.A3, dated 09.01.1995, bequeathing his shares in the properties in favour ... Courts below were wrong in holding that Ex.A3-the unregistered Will 9.1.1995 was not proved despite the evidence
Will is a registered Will, then in such a case, belated disclosure of the Will might not matter much; because there will be some basis ... that Will might have at least emerged as on the date of the registration of the Will. But in the case of the unregistered Will
plaintiff on the strength of Ex.A1-an unregistered Will-dated 25.1.1982, alleged to have been executed by one Pitchamuthu in favour of Saroja ... which did not believe the Will solely because it was an unregistered Will, but on the other hand, it dealt with the evidence
also contending that D1 during his life time executed an unregistered Will dated 24.11.1989 bequeathing his properties in their favour.
(ii) Accordingly, they prayed
that the said Rajarathinam - the first
defendant fraudulently created an unregistered Will as though the deceased
father of the Rajarathinam as well as the revision
V.Baskaran vs Manjula on 19 March, 2013
Author: G.Rajasuria
Bench: G. Rajasuria
IN
would lead to deprive the second plaintiff to establish that the impugned Will
is forged and fabricated one.
6. Per contra, the learned Counsel ... compared the
impugned left thumb impression in Ex.B.2 - the unregistered Will, with that of
the left thumb impression of the testator found
