- In this case, the father executedtwo will deeds. one is Reg.will deed executed earlier . after some years and after changing of equations, he executed another will unregistered one.
- in this will deed, he has not specifically mentioned cancellation of earlier registered will deed but in general terms cancelled the all earlier will deeds.
- one of the beneficiary under Reg.will deed filed a declaration suit basing on Reg. will deed , and demanded for possession of his share as it was executed for the 3 sons .
- the plaintiff who filed the suit never asked for cancellation of the unregistered will deed executed at later point of time and only pleaded that it was a created one.
- in the unregistered will deed, the father gave all his properties to the respondent – one of his son who rendered services to him and to his wife till last.
- The Apex court held that the later unregistered will deed is a valid one as upheld by trial court.
- since it was the last and final will deed, all earlier will deeds are deemed to be cancelled. unregistered will deed was to be followed as per the wish and will of the testator.
- when the signature on the unregistered will deed is admittedly genuine one, it can not be said the will is not proved.
- when the attestator deposed that he duly singed in the presence of the testator his omission to say that another attestator came a little bit later, can not be said that the will is surround with a cloud.
- when the advocate said that he signed as scribe earlier to the signatures of testator and witnesses in his office does not comes under suspicious circumstances.
- when the validity of the later will deed is not challenged by the plaintiff in his suit, it can not be said that the later will deed is surround with suspicious circumstances.
- simply because the unregistered will deed specifically not cancelled the registered will deed by name and date , general term or to say casual term that all earlier wills are hereby cancelled does not amount suspicious circumstances and does not amounts not validly cancelled the earlier will deed. The apex court basically on one point that non- challenge of later will deed in the suit prayer and another point that the parents were looked after by the beneficiary of the later will deed. and further more it contains the signature of the father as testator enough to say that the later will deed is genuine one.
- GENUINENESS OF THE WILL AND PARTITION =31. In view of the above discussion, we hold that the learned Single Judge was clearly in error in reversing the well-reasoned finding recorded by the trial Court on the issues of execution of Will dated (advocatemmmohan.wordpress.com)