Proof of Will -- Beneficiary Aged Four at Execution -- Suspicious circumstances render Will unproved
(i) Indian Succession Act, 1925, S.63 -- Proof of Will -- Beneficiary Aged Four at Execution -- Registration of a Will after death of testator, non-production of original, unreliable testimony of attesting witness, and absence of reasons for excluding natural heirs are suspicious circumstances requiring cogent explanation from the propounder. Failure to explain such circumstances renders the Will unproved and liable to be rejected. (ii) Limitation Act, 1963, Art.65 -- Proof of Will -- Suit for Possession Based on Forged Will -- Limitation for a suit challenging a forged Will runs from the date of knowledge of the plaintiff. A suit for possession filed within twelve years of accrual of cause of action is within limitation.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
