Showing : 71-80 of 311 Results

ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Will -- Exclusion of only son/legal heir from inheritance by testator - Date and time of execution of unregistered Will not proved - Testator was seriously ill and was not in a position to catch the pen as such he had affixed his thumb impressions on Will - However, attesting witness and scribe have..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 137, 138-- Cross-examination - Attesting witness of agreement to sell - Earlier evidence of plaintiff was closed by orders - Though attesting witness had not appeared on relevant date but his affidavit already produced was not discarded by lower Court - Suit is for specific performance and interest of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 61-- Document - Proof of - Mother allegedly executed a document relinquishing her all claims in the property of her i, laws family as well as custody of her child - However, original of such document not produced on record, nor any attesting witness produced to prove the same - More so, mother did not..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Will -- Suspicious circumstance - Will was duly registered - One of attesting witness of Will stated that he saw testator signing the Will and that he signed the same in his presence - Presence of attesting witness cannot be held doubtful - No adverse interference can be drawn merely because all the..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Will -- Suspicious circumstance - When there is no evidence on record nor any suggestions put to the witnesses, either to propounder of Will or to attesting witness, it is impossible to accept the contention that testator had executed the Will under undue influence from propounder of Will...........
DELHI HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 68-- Provision of S.68 of the Act is not applicable when there is no living attesting witness - The mandate of the provision itself is that execution of a document required by law to be attested is by examining at least one attesting witness, if there be an attesting witness alive...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 68-- Pronote - Execution - Proof - Execution of document can be proved by examination of one witness - It is not essential that both the witnesses should be examined - In the instant case one attesting witness to the pronote examined who proved the execution of pronote and receipt and defendant was not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Will -- Proof - If no attesting witness is found - It becomes incumbent upon propounder of Will to prove two facts : (i) that attestation of one attesting witness atleast was in his handwriting; and (ii) that signatures of executant is in his handwriting...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Will -- Proof - Registered Will - Proof by Sub Registrar - Sub Registrar not present at the time of execution of Will and he not a witness to affixing of signatures by the testator or the attesting witness on the date the Will is purported to have been executed - Sub Registrar, however, stated that when..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Minor - Not competent to be marginal or attesting witness - A minor person is not competent as a party to a contract or competent to sue or be sued as such minor is not competent to be marginal or attesting witness to a deed...........

Showing : 71-80 of 311 Results