9911796707
TMI Blog2001 (11) TMI 1011X X X X Extracts X X X X X X X X Extracts X X X X ..... by her. She also pleaded that if there is any will that is forged. All the defendants, namely, father, three brothers and one sister of the plaintiff/respondent no.1 took the stand that Indira Bai had left behind a will dated 26th August, 1981 and her properties are to be dealt with as per the will. The father of respondent no.1 who was defendant no.1 in the suit died during the pendency of the suit. On appreciation of evidence the trial court held that the will had been dully proved and the suit was dismissed. In the first appeal, the judgment of the trial court was reversed by the High Court. The findings of the trial court upholding the will dated 26th August, 1981 were reversed by the impugned judgment. It was held that the will had no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on which weighed with the High Court for its conclusion that the will was unnatural was uneven distribution of the assets by Indira Bai and also that the will did not give anything to the widowed daughter. According to the High Court this daughter was 'perhaps more deserving'. It also noticed that the will gave bulk of immovable properties to only one son. Another son was not given any immovable property. The third son was given one half share in only one immovable property and the other half of it was given to respondent no.1. Indira Bai in the will also did not give anything to her husband. All movables as per the will were given to the three sons equally. It is significant to note that only the plaintiff has questioned the will. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .1 also sought to rely upon certain other circumstances which, according to him, raise suspicion about due execution of will. It was contended that the will in question was not registered in spite of the fact that the will executed by her husband was registered. This circumstance does not create doubt about the due execution of the will. There is nothing unnatural in the will made by the husband being registered and not that of his wife. Further, DW-2, an advocate of the family who was attesting witness of both the wills, explained in his testimony that because of the litigation in respect of the will of his wife, husband insisted that his will must be registered. It was then pointed out that the factum of the will was not disclosed in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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