29.WILL[CD1] 

WILL


 Know all men by these presents :

This Will is made at ..... ............... on this ........ .... by Shri .......... son of ...... ....... resident of ………………………(hereinafter called the 'Testator').

1. I am making this the first and last Will of my own free willen any coersion from any side and in my full sense and disposing mind in my immoveable and moveable properties as mentioned in this Will

2. I am the owner of ........... vide lease deed executed in my favour by the ..........

.......... I have acquired the lease hold right of this .............. out of my own savings and resources and have full right to dispose off the same.

I hold lease right of the said

3. I have made investments as per particulars hereinafter mentioned out of my own savings and resources and have full right to dispose off the same :

(1) Okara Investment certificate          Rs. ………….

(2) Unit Trust of India Certificate         No……………………

No. of Units                                       Rs. ..............

4. I am also in receipt of Rs……………………………....... as pension per month.

 4. I hereby bequeath and devise the abovesaid immoveable property and moveable property to my wife ........ who shall inherit them absolutely with full rights to dispose off the same or to sell it off if she so likes.

5. I bequeath and devise the monthly pension to my wife ... and she will be entitled to get the Family pension.

6. That this will shall be irrevocable and I hereby declare not to make a other Will in respect of the aforesaid immoveable and moveable properties in favour of any other person.

7. As stated above, I am making this Will of my free Will coercion, fraud, or misrepresentation practised upon me from any quarter whatsoever.

8. That I am in complete, sound and disposing mind and I ha the effect of this Will in favour of my wife, ………………….. resident of ……………………………

And I hereby appoint her the sole executrix of the Will.

 

In witness whereof the testator has signed this will on the year first above written in the presence of the witnesses who have putting his hand and signatures to this his last Will and have als presence of each other and in the presence of the testator  as witnesses.

signed by the Testator .... ................. son of ............resident of ... in the presence of witnesses

…………………..

Testator

Witnesses :

We the following witnesses have seen Shri ... .......... putting his hand and signature to this his last Will, who are present at the same time and have ale signed the same in the presence of the Testator as witnesses.

1..............

2……………..

CASE LAW

WILL-VALIDITY

When the signature of the testator and the witnesses on the Will were found genuine, the signatures being on the second page only and the Will having been written on two pages, one stamped and the other unstamped are not suspicious circumstances.

There is a strong presumption of regularity and due execution and attestation of the holograph will when the writing of the Will and signature of the testator are admitted.?

Tenancy rights and goodwill of the running concern can be attached in execution under Order 21 Rule 54 C.P.C.

Where averments in the plaint for specific performance showed readiness and willingness eventhough expression readiness and willingness was not used and the was only vague denial in W.S. and thus no issue was on the point, suit could not be thrown out.

PETITION FOR PROBATE OF WILL

A mere creditor of a deceased who files a caveat or seeks impleaonic not be held to be having such interest in the estate of deceased which w him to be heard in the probate proceedings.

When a Will had been formally proved, its being unnatural uneven distribution of the assets by Testator cannot be sustained in th circumstances of the case.

The Court can look into suspicious circumstances surrounding the decide whether a prudent man can act on it even if its execution is legal proved.

Under the Mitakshara School of Hindu Law WILL can be exec, coparcener for his undivided share.

The uneven distribution of assets among children by itself cannot be take as a circumstance causing suspicion surrounding the execution of will.!

Where the property has been given by a testator to the devisee with a right of alienation such bequeath is a conferment of an absolute estate.

 [CD1]WILL