Delayed Will Presentation: When Does It Become Suspicious?

    There is nothing irregular or suspicious about the will or its contents. ... Further, transactions of the kind referred to are also shown to have taken place, as it appears that the widow and the children who were beneficiaries under the will sold some of the property of the estate, and the vendees have been in undisturbed possession for a great many years without opposition ... Last will made in 1867-Application for probate after thirty years-Proper custody-Presumption of genuineness-Evidence Ordinance, s....

2024 Supreme(Online)(Chh) 3042

Along with making the transaction suspicious, it also makes the cheque given by the accused to the complainant suspicious . Defence witness Lalit Singh has stated that he gave the stamp paper (Ex. P-2) and the cheque (Ex. D-1) to Subhash Yadav. ... He submits that the acquittal of the accused/respondent No.1 is improper, incorrect and bad in the eyes of law. He further submits that the trial Court has failed to consider the statement of the complainant Subhash Yadav and other witnesses who have supported the case of the ....

it is no part of the duty of Court to see that a testator makes a just distribution of his property, and so long as it is proved that the testator executed the will intending it to be his will the Court cannot refuse to grant probate on the ground of suspicious circumstances. ... Will-Probate-Allegation, of suspicious circumstances-Fraud--Burden of proof. ... G. de Silva is a Proctor Notary who was about 12 years in practice at the time he was well known to the deceased and had been doing work professionally fo....

2023 0 Supreme(P&H) 3213

Hence, all these facts makes the genuineness of the Will suspicious.'6. ... Also pleaded that the Will is a suspicious document because same was kept in the dark before its registration i.e. after 28 years and there is no explanation for not disclosing anywhere the factum of execution of the said Will by the father of the parties. ... Fifthly, the Will was a secret to the entire world for a period of 28 years. The plaintiff has not explained as to why he kept silent for 28 years and as....

2024 0 Supreme(Chh) 370

Along with making the transaction suspicious, it also makes the cheque given by the accused to the complainant suspicious . Defence witness Lalit Singh has stated that he gave the stamp paper (Ex. P-2) and the cheque (Ex. D-1) to Subhash Yadav. ... He submits that the acquittal of the accused/respondent No.1 is improper, incorrect and bad in the eyes of law. He further submits that the trial Court has failed to consider the statement of the complainant Subhash Yadav and other witnesses who have supported the case of the ....

Bombay

The evidence brought by the Applicant makes it clear that he had no knowledge of the existence of the Will till the year 2005. The Will is in respect of part of the property of the deceased which he bequeaths to his grandson who at that time was about 4 four years of age. ... The presence of suspicious circumstances makes the onus heavier on the propounder and, therefore, in cases where the circumstances attendant upon the execution of the document give rise to suspicion, the propounder must remove all legitimate suspici....

It has been in the custody of the Land Registry for over 100 years. There are no suspicious circumstances as to the manner that this Government Department came to possess it. The custody from which it comes is undoubtedly disinterested. ... stated that according to an inventory prepared some years ago the record of D. C. Colombo Testamentary Case No. 1734 is missing. ... But the absence of such a requirement does not necessarily follow that the custody involved in this case is improper. The reason why Section 90 ....

2024 Supreme(US)(ca8) 15

At the times of the execution of the wiretaps, Officer Furman had worked as a police officer for over twenty-seven years and as a Task Force Officer assigned to the DEA for over twelve years. ... The driver of the car carrier became suspicious when the shipper paid him $1,000 cash up front when most shippers pay upon delivery. The driver also found it suspicious when the shipper said the car was a graduation present for his daughter-in-law, but graduation was months away. ... Chavez also found the payment of $1,000 #HL_S....

2025 Supreme(Online)(CHH) 906

Thus, when the slide was prepared on 01/10/2005, then its sending on 07/11/2005 with a delay of about 01 month and 07 days and even after that, its depositing in the laboratory on 22/11/2005 after about 15 days makes the report completely suspicious because no satisfactory reason has been given by the ... prosecution for this delay as to in what condition it was kept safe for so many days or not. ... There is no clear evidence presented by the prosecution as to when and where it was kept safe. ... During the course of tr....

2023 0 Supreme(Cal) 1310

Although, it has been argued that no person would deprive his sons and daughters and the very fact of depriving the objector by the deceased makes the Will unnatural, we are not in agreement of the same. ... Having thus failed to produce both the attesting witnesses, the propounder had failed to explain the suspicious circumstances surrounding the Will. ... Das has submitted that natural heirs did not get shares, the same does not necessarily mean that there is suspicious circumstances surround the Will. ... This according to him #HL_STAR....

2020 0 Supreme(P&H) 736

This is a suspicious circumstance, making the Will to be suspicious particularly when the production of Will was allowed by the Court on 06.01.1995 on an application dated 11.11.1994 filed by the plaintiff. The production of Will in the Court on 02.11.2012 i.e. 20 years after filing of the suit would make the Will suspicious. The alleged Will was not shown to the plaintiff-Rajkumari Amrit Kaur even after discovery of the same on 20.10.1989 by the trustees and the executors till the date when the original Will was tendered in the evidence in the year 2012. ....

2018 0 Supreme(Del) 1559

The Will has also not been asserted with any municipal authorities for effecting mutation etc. It also reflects upon the testator having not been conscious of what he was doing. The Plaintiff asserting the Will, 15 years after its execution is also a suspicious circumstance.

2017 0 Supreme(Mad) 15

Further, it is the contention of the defendants that the plaintiff obtained the signatures of the defendants in some blank papers on the representation that their signatures are required to obtain change in EB service connection. Further, the delay in coming to the Court after 25 years also is one of the suspicious circumstances attached to the Will. There is no necessity for him to execute the Will in favour of one son excluding all other legal heirs.

2016 0 Supreme(Jhk) 630

The existence of Will was introduced only after service of notice for the partition signed by defendant No.13. The witnesses examined on behalf of plaintiffs have stated that Janardan Sinha, Plaintiff Achala Sinha and daughter Sunita Sinha were present at the time of execution of Will and they all were knowing about the document. Had it been so, the delay of more than 29 years in presenting the Will becomes strong suspicious circumstance. It is settled law if the execution of Will, if surrounded with suspicious circumstance, it is the duty of the propounder of the Will to e....

2016 0 Supreme(Bom) 2192

There are far too many suspicious circumstances surrounding this will. When the best evidence, though available, is withheld, an adverse inference must be drawn, and in this case it must be drawn against the Plaintiff.