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Supreme Court Of India

(From : KERALA)*

Hon'ble Judge(s): Tarun Chatterjee, Mukundakam Sharma , JJ

(A) Succession Act (39 of 1925) , S.63— Will - Execution - Burden of proof - Lies on Propounder. (B) Succession Act (39 of 1925) , S.63— Will - Execution - Suspicious circumstances - Testator 82 years of age at time of execution - Suffering from serious physical ailments and was not mentally in a good state of mind - Vast difference in signatures of Testator put on each and every page of will - Propounder unable to examine scribe and attesting witness as scribe and one attesting witness was dead and other was medically unfit - Witness examined by propounder silent about execution and attestation of Will - No evidence led to establish mental and physical condition of testator at time of execution - Will held, not proved. (Para 23 24 25 26) (C) Evidence Act (1 of 1872) , S.68— Registered document - Proof of execution - Exemption from requirement of examination of attesting witnesses - Availability - Suit for share in father's property - Defendant pleading execution of gift deed in his favour - Execution of gift deed denied by plaintiff in injunction application - Parties going to trial knowing that execution of gift deed was denied - Cannot be said that gif....