Specific Relief Act (47 of 1963) , S.34, S.38— Succession Act (39 of 1925) , S.63— Declaration and permanent injunction – Ownership of property – Claim based on registered will – Plaintiff second wife claimed share in properties on basis of registered Will executed by her husband – Burden was on defendant step-son to prove that will was not genuine – Defendant admitted that signatures on Will were of his father – Will fairly distributed properties among plaintiff, defendant and widowed daughter – Anticipating possible disputes between plaintiff and defendant, testator had also arranged a family settlement to avoid future conflicts, which was consistent with terms of Will – Plaintiff was in possession of land received under Will – Defendant had received a major share as per Will, which ruled out manipulation – Genuineness of the Will could not be doubted – Judgment of High Court interfering with decree passed by trial court and reducing share of plaintiff, was erroneous
Evidence Act (1 of 1872) , S 101— Appeal Suit No. 178 of 1995, D/- 23.1.2014 (Hyd)-Reversed(Paras 89101112)
