I have been struggling with this case problem, and would like to know your views regarding the same.
Yuvraj Singh Kasana had three daughters Sheela, Sharda and Shamli and four sons Adhiraj, Anand, Anant and Amanraj. When Yuvraj Singh died the property bequeathed in favour of Adhiraj and Amanraj. The three daughters and other two sons were excluded. Thus there was contestation among the children regarding unequal distribution in the will. It was contested that Sheela, Sharda, Shamli, Anand and Anant had acquired their share during the partition of the property.
Sukhlal, the scribe stated in his testimony that he scribed the will at the dictation of Yuvraj Singh Kasana, Shobhraj and Vikas who were the neighbours of Yuvraj Singh had attested the will. The will was signed by Yuvraj Singh in their presence, in sound disposing condition of mind, Yuvraj Singh had understood the nature and effect of dispositions made by him.
The will was written in six pages and each pages and each page was signed by Yuvraj Singh. Handwriting expert Aparna Jogleker compared the signatures of the testator with his admitted signatures. Will had been duly executed. At the time of will the Yuvraj Singh was 80 years old and died 15 days after the execution of will. The plaintiff Sheela, Sharda, Shamli Anand and Anant challenge the will being made in suspicious circumstances. As unequal distribution of properties under will was not genuine as they were left out.
I need points to refute the challenge posed by the plaintiff as the will made was not suspicious, and what are the laws to be attracted in this problem, relating to partition and execution of will.
Thank you for your time and consideration.
