Succession Act (39 of 1925) , S.63— Evidence Act (1 of 1872) , S.68— Execution of will – Proof of – Suspicious circumstances – While propounding Will in his favour, appellant-nephew of testator also denied respondent’s status as wife of testator – Will was silent regarding wife or reasons for her disinheritance – Evidence on record showed that respondent resided with testator till his death and there was nothing to show that relation between them was bitter – Receipt of testator’s pension by respondent indicated that she was accepted by him as wife – Trial court erred in concluding the fact that respondent did not perform testator’s last rites showed indifferent relationship between them – Non-mention of respondent or reasons for her disinheritance in Will showed that disposition of testator was vitiated by undue influence of nephew – Respondent was rightly held to be owner and entitled to possession of suit land.
(2010) 1 Pun LR 271 (P and H)-Affirmed(2010) 1 Pun LR 271 (P and H)-AffirmedAIR 2020 SC 2666-Distinguished(Paras 1618192022)
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