Testator was illiterate, blind and hard of hearing - Would not mean that his mental faculties were affected - Thus no suspicious circumstances created - Execution of Will was valid.

Citation

AIR 2005 PUNJAB AND HARYANA 52

PUNJAB AND HARYANA HIGH COURT

(Principal Seat at CHANDIGARH)

VINEY MITTAL , J.

Second Appeal No. 731 of 1981, D/- 3 - 9 - 2004*

Krishan Kumar and others Appellants v. Daryao Singh (deceased by LRs) and others Respondents

Succession Act (39 of 1925), S.63 - Will - Proof - Will executed in favour of defendants - Evidence

of deed writer and attesting witness proved that testator was not influenced by defendants -

Fact that testator was illiterate, blind and hard of hearing - Would not mean that his mental

faculties were affected - Defendant, beneficiary looking after old testator, accompanied him for

execution of Will - Doesn't show active participation of defendants in execution of Will - Thus

no suspicious circumstances created - Execution of Will was valid.