https://www.taxtmi.com/caselaws?id=305895 A Will must be proved by due execution and attestation under the Indian Succession Act and the Evidence Act, and any suspicious circumstances must be satisfactorily explained by the propounder. The Court found multiple cumulative irregularities on the face of the document, including inconsistent sheets, signatures, pens, unsigned pages, blank spaces, and unexplained recitals, which were not dispelled by the explanations offered. The Will was therefore not accepted as genuine. On remand, the Court held that where the record is complete and the appellate court can finally decide the matter on existing evidence, a fresh trial is unnecessary under Order XLI Rule 24 CPC, so no remand was called for. en-us Fri, 24 Apr 2020 00:00:00 +0530 Thu, 29 Dec 2022 09:11:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=305895 A Will must be proved by due execution and attestation under the Indian Succession Act and the Evidence Act, and any suspicious circumstances must be satisfactorily explained by the propounder. The Court found multiple cumulative irregularities on the face of the document, including inconsistent sheets, signatures, pens, unsigned pages, blank spaces, and unexplained recitals, which were not dispelled by the explanations offered. The Will was therefore not accepted as genuine. On remand, the Court held that where the record is complete and the appellate court can finally decide the matter on existing evidence, a fresh trial is unnecessary under Order XLI Rule 24 CPC, so no remand was called for. Case-Laws Indian Laws Fri, 24 Apr 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=305895