https://www.taxtmi.com/caselaws?id=311146 SC set aside HC order granting probate of will. Trial court had correctly rejected probate application after finding testator validly cancelled will through registered cancellation deed. HC erroneously doubted genuineness of cancellation deed despite expert report confirming authentic thumb impression and witness testimony supporting execution. Court held thumb impression forgery nearly impossible and adverse inference cannot be drawn from literate person using thumb impression instead of signature. Probate applicant failed to object to cancellation deed's admission at trial stage, precluding appellate challenge regarding mode of proof. Trial court's finding that testator was mentally capable and personally executed cancellation upheld. en-us Tue, 17 Aug 2021 00:00:00 +0530 Sat, 09 Dec 2023 20:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311146 SC set aside HC order granting probate of will. Trial court had correctly rejected probate application after finding testator validly cancelled will through registered cancellation deed. HC erroneously doubted genuineness of cancellation deed despite expert report confirming authentic thumb impression and witness testimony supporting execution. Court held thumb impression forgery nearly impossible and adverse inference cannot be drawn from literate person using thumb impression instead of signature. Probate applicant failed to object to cancellation deed's admission at trial stage, precluding appellate challenge regarding mode of proof. Trial court's finding that testator was mentally capable and personally executed cancellation upheld. Case-Laws Indian Laws Tue, 17 Aug 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311146