P&H: Sets Aside Registered Will, Says Registration Alone Doesn’t Prove Genuineness, Grants Estate To Sister’s Heirs

Indian Succession Act, 1925, S.63(c), Evidence Act, 1872, Ss.68, 69, 70 — Will — Even in case of registered Will, propounder is required to satisfy the judicial conscience of Court and dispel suspicious circumstances, if any surrounding Will - Testator filed suit against mother of...

Will — Recital in rival Will — A recital in plaintiffs 1975 Will purporting to cancel the earlier 1972 Will does not, by itself, prove due execution and attestation of the earlier Will - Testator died within 25 days of alleged execution of Will propounded by...

Civil Procedure Code, 1908, Order 22 — Non‑impleadment objection — Transferees pendente lite who were already on record in LRs capacity and were heard at final arguments need not be separately impleaded again. (Paras 27 and 28)

Succession — Intestate succession — With both rival Will 1972 and Will 1975, found invalid and surrounded by suspicious circumstances, estate devolves intestate - Plaintiffs, being sons and grandsons of the testator’s sister, succeed. (Para 31)