Showing : 11-20 of 315 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Will-- Suspicious circumstance - One of attesting witness to Will being daughter of testator admitted her signatures on Will as well as of testator - Merely because in cross-examination she stated that Will was handwritten though it was typed Will, would not make Will doubtful once she stated that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Will-- Suspicious circumstance - Merely because date written by one of attesting witness was in different pen, would not make the Will suspicion, particularly when Court has carefully seen the signatures as well as date - Moreover, all the signatures by both the attesting witnesses are with ball pen - No..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Will-- Suspicious circumstance - Signatures of testator - Appellate Court compared the signatures of testator on Will with his standard signatures, taken from bank account of testator, which was opened much prior to execution of Will - Testator kept serving and died at the age of 84 and Will was executed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Will-- Execution - Proof - When no attesting witness is found, it must be proved that attestation of one attesting witness is at least in his hand writing and the signatures of the person executing the document is in his hand writing...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Will-- Suspicious circumstances - Attestors were not aware whether testator executed and signed the Will with his free will without being influenced by legatees under Will - DW3, attesting witness of Will not enquired from testator the nature of property or document being kept in sealed cover - Will was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52-- Subsequent purchasers - Bona fides - (a) `K' attesting witness of sale deed in favour of subsequent purchasers is also attesting witness of agreement to sell in favour of plaintiff; (b) No payment has been made before Sub Registrar; (c) Subsequent purchasers have not appeared in the witness box..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Will-- Suspicious circumstances - As per one of the attesting witness Will was executed in presence of wife of executant - However, as per evidence on record, wife of executant died one year ago from date of execution of Will - Hence, testimony of attesting witness being self-contradictory cannot be..........
KERALA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 68-- Registered sale deed - Denial of its execution - Mere fact that executant/defendant is in the party array of suit alone, will not bring the document within purview of exception carved out in S.68 Proviso of the Act - S.68 Proviso of the Act alone would come into play without its exception and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Not required to be attested by attesting/marginal witnesses - If one of attesting witness has made a statement that defendant did not sign in his presence, that would not invalidate agreement - Agreement is signed by defendant - No evidence produced on record by defendant to prove that it does not..........
KERALA HIGH COURT
Year of decision: 2018
Details
Will-- Due execution - There is no legal embargo for beneficiary to act as attesting witness to Will and document is not rendered void merely on that ground...........

Showing : 11-20 of 315 Results