2 sons and 2 daughters of a leading advocate (since deceased) filed a suit for partition against their mother(defendant-1) and 2 other sisters(defendants 2 & 3), both being spinsters. It was urged that defendant-2 sister is of unsound mind. In fact, she was of unsound mind, as the advocate and his family are well known to me. The defendant-1 mother and the youngest sister defendant-3 denied the same. Thereafter plaintiffs moved an application to get the defendant-3 unsound sister examined by a Government doctor which was allowed. Before she could be examined, the unsound sister died. After her death,her younger sister-defendant-3 produced a registered will before the court executed by sister of unsound mind bequeathing her undivided share to her. The plaintiffs do not have any medical evidence to prove that the defendant-2 sister was of unsound mind as she died before she could be examined. What are the other ways available to prove that the defendant-2 sister was of unsound mind. If anybody in the family deposes, will it be sufficient.? Kindly suggest other methods by which plaintiffs could prove that defendant-2 sister was of unsound mind.
