Friday, March 11, 2022

Will is not mandatorily registered - Non-registration of Will by itself cannot constitute suspicious circumstance surrounding its execution.(Tripura High Court)

Will - Burden of proof of a Will is always on the propounder - If suspicious circumstances surrounding the execution of Will are repelled, testamentary capacity and the signature of the testator on the Will are proved, that would be sufficient discharge of such burden.
Successions Act, 1925 Section 63 Indian Evidence Act, 1872 Section 68.
Trial Court dismissed the suit returning the finding that the suit properties cannot be held to be joint properties of the parties to the suit this appeal - Suspicion Hence circumstances Will by testator-father in favour of one of his daughter by excluding other daughters - Plea that disinheritance of other daughters not explained in Will - In Will testator revealed his mind why he had excluded his other daughters quite elaborately - Testator provided that out of four daughters, two elder daughter taken responsibility of raising third daughter - Testator also stated that he had helped them financially by defraying their educational expenses Reasons as given in testament by testator sufficiently revealed his faculty and state of mind which was quite sound - Disinheritance not surrounded by suspicious circumstance Appeal dismissed.

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