“With an intention of making a will.”
This is an essential to make a valid will as for whatever will one seeks to enforce, if there exists no Animus Testandi, there can be no will.
A mentally retarded person can make no will because he has no intention.
1. Mt. Chunna Kunwar And Ors. V. Mt. Rasili Kunwar And Ors(1948)
2. Kishore Gidwaney v. The State(1985)
Statement of falsehood
The legal maxim is of latin origin meaning a statement of falsehood or, in simpler words, a false statement. Suggestio falsi is feeding someone lies intentionally to benefit out of it and put the other person in loss. This act amounts to a fraud when the party was bound to disclose the truth in the first place to keep the fairness of the contract. Suggestio falsi is a ground to rescind an agreement or to avoid carrying it to execution.
An Execution is the end and fruit of the law.
- Here, the term “execution” is used as a accomplishment or judgment or any order passed by any court. Basically the final judgment passed by the court. The execution is either on the side of the plaintiff or defendant. -The execution is held in order to derive the fruit of the final execution to either party. It is a one kind of benefit or relief received by either party from the court for wrongful act done by the respective party.