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Loss of Original will and Lack of English knowledge of testator (2014-09-08)

Indian Succession Act, 1925; Ss. 281, 282 -- Whether execution of will in English can be doubted on ground that testator was not knowing English language ----- Held: The lack of knowledge of English even if can be attributed to the testator would not fundamentally alter the 14 Page 15 situation inasmuch as before registration of the Will the contents thereof can be understood to have been explained to the testator or ascertained from her by the Sub Registrar, who had deposed that such a practice is normally adhered to.


Indian Succession Act, 1925; -- Loss of original Will ----- Held: The stand of the plaintiff that the original Will was lost while in the custody of her mother and her knowledge of such loss on the day of her mother’s death cannot be disbelieved merely because no report in this regard was lodged before the police.

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