Validity of a will & testament
sachin
(Querist) 09 February 2012
This query is : Resolved
My father made a WILL in the year 2008, at that time he was a paralysis patient & therefore he had to give his left hand thump impressions on every pages of the WILL .While taking thump impressions the ink pad was wet and therefore the impressions on the ledger paper are visible but are very dark. The finger marks (rounds and circles) are not clear. This WILL is witnessed by Two witnesses and medical practitioner (MBBS,MD) doctor has certified the WILL.
Is such a will valid?
Can it be challenged on the ground that the finger prints are not proper
ajay sethi
(Expert) 09 February 2012
if will has been executed in front of witness and father was menatlly sound ad in position to make the will then will would be valid .
you will have to get evidence of finger print expert if necessary to prove genuine ness of will
ajay sethi
(Expert) 09 February 2012
The decision in Murari Lal (supra) was followed in Lalit Popli v. Canara Bank and Ors..
15. While there is no doubt that court can compare the disputed handwriting/signature/finger impression with the admitted handwriting/ signature/finger impression, such comparison by court without the assistance of any expert, has always been considered to be hazardous and risky. When it is said that there is no bar to a court to compare the disputed finger impression with the admitted finger impression, it goes without saying that it can record an opinion or finding on such comparison, only after an analysis of the characteristics of the admitted finger impression and after verifying whether the same characteristics are found in the disputed finger impression. The comparison of the two thumb impressions cannot be casual or by a mere glance. Further, a finding in the judgment that there appeared to be no marked differences between the admitted thumb impression and disputed thumb impression, without anything more, cannot be accepted as a valid finding that the disputed signature is of the person who has put the admitted thumb impression. Where the Court finds that the disputed finger impression and admitted thumb impression are clear and where the court is in a position to identify the characteristics of finger prints, the court may record a finding on comparison, even in the absence of an expert's opinion. But where the disputed thumb impression is smudgy, vague or very light, the court should not hazard a guess by a casual perusal. The decision in Muralilal (supra) and Lalit Popli (supra) should not be construed as laying a proposition that the court is bound to compare the disputed and admitted finger impressions Page 0953 and record a finding thereon, irrespective of the condition of the disputed finger impression. When there is a positive denial by the person who is said to have affixed his finger impression and where the finger impression in the disputed document is vague or smudgy or not clear, making it difficult for comparison, the court should hesitate to venture a decision based on its own comparison of the disputed and admitted finger impressions. Further even in cases where the court is constrained to take up such comparison, it should make a thorough study, if necessary with the assistance of counsel, to ascertain the characteristics, similarities and dissimilarities. Necessarily, the judgment should contain the reasons for any conclusion based on comparison of the thumb impression, if it chooses to record a finding thereon. The court should avoid reaching conclusions based on a mere casual or routine glance or perusal.
ajay sethi
(Expert) 09 February 2012
IN THE SUPREME COURT OF INDIA
Writ Petition (Civil) No. 290 of 2001
Decided On: 19.02.2008
Appellants: Thiruvengada Pillai
Vs.
Respondent: Navaneethammal and Anr.
Hon'ble Judges:
R.V. Raveendran and P. Sathasivam, JJ.
Counsels:
For Appellant/Petitioner/Plaintiff: Sunita Sharma, Adv.
For Respondents/Defendant: K.K. Mani, C.K.R. Lenin Sekar and Mayur R. Shah, Advs.
Subject: Contract
prabhakar singh
(Expert) 09 February 2012
The procedure adopted appears to be legal hence the will is valid.
The law regarding will is that the court has tolook it with suspicion and the propounder of will has to remove every doubt arising.
Any will can be challenged by a party whose rights are affected by it on the ground of impersonation,duress, fraud, undue influence
and misrepresentation etc.
Sankaranarayanan
(Expert) 09 February 2012
Well explanation given by our learned friend. The will is always accepted up to any legal doubt or distibute
M/s. Y-not legal services
(Expert) 09 February 2012
