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Results of attesting witness

Showing : 171-180 of 366 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Will -- Execution - Proof - One attesting witness examined and he only admitted his signatures on the Will - In cross examination he admitted that he never visited the place where Will was executed - Scribe did not produce any scribe register to prove the presence of the witnesses or the executant at the time of registration of the Will - Plaintiff failed to prove due..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Question whether testimony of a scribe can be treated as testimony of an attesting witness for proving execution of a Will - Held, it is a substantial question of law...........

MADHYA PRADESH HIGH COURT

Year of decision: 2009
Details

Transfer of Property Act, 1882, Section 3, Succession Act, 1925, Section 63(c) -- Attest - Essential conditions of a valid attestation are : (1) Two or more witnesses have seen the executant sign the instrument or have received from him a personal acknowledgment of his signature, (2) with a view to attest or to bear witness to this fact each of them has signed the..........

MADHYA PRADESH HIGH COURT

Year of decision: 2009
Details

Transfer of Property Act, 1882, Section 3, Succession Act, 1925, Section 63(c) -- Attest - Notary - By affixing his seal renders only authenticity to the document - He is not animo attestandi - No doubt Notary attests the document but he is not an attesting witness...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Will -- Suspicious circumstances - Following are the suspicious circumstance : (i) Scribe of will could not identify executant - He could not rule out the possibility that in place of executant some other person might have thumb marked the will - Scribe further admitted that he did not write the name on thumb impression allegedly that of executant - Scribe further admitted..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Will -- Scribe - Generally a scribe cannot be treated as an attesting witness - However, in the instant case scribe categorically deposed with regard to the execution of the Will - Held, statement of scribe cannot be treated to be that of a merely a scribe as the Will after it was scribed by him was duly executed in his presence...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Will -- Execution - Proof - Attesting witnesses dead - Will to be proved by examining witnesses who are able to prove the handwriting of executant - Signatures of one attesting witness identified by Sub Registrar who registered the Will - Held, Will is duly proved...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Evidence Act, 1872, Section 68 -- Registered sale deed - Proof - No attesting witness is required to be examined to prove the execution of the sale deed unless its execution is denied by the person, who had executed the same...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 4 -- Pronote - Attesting witness - Attesting witness nephew of the respondent - Does not imply that he could not be an attesting witness to a duly executed document...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2009
Details

Will -- Execution - Proof - One attesting witness and scribe examined - Attesting witness did not state specifically that testator had seen him signing the will - Attesting witness did not state that testator signed the will in the presence of other attesting witness or the latter signed the will in the presence of testator - Held, Will not proved...........

Showing : 171-180 of 366 Results