Agreement to sell -- Specific performance - Proof of document - Plea of defendant that scribe of deed is not registered and recognized deed-writer and name of stamp vendor is not mentioned on agreement to sell - Not sustainable for purpose of proof of document as agreement can be oral as well as in writing...........
Will -- Proof of - Attesting witnesses of Will categorically stated that Will was scribed by deed writer and after Will was prepared it was firstly signed by testator and thereafter signed by attesting witnesses - Will in favour of plaintiffs was executed by testator of his free violation - Defendants on the other hand failed to place any material which shows that Will was..........
Will -- Suspicious circumstance - Thumb impressions of testator on left side of paper/will - It depends upon practice by a particular deed writer as to whether he takes signatures/thumb impressions of testator on left side, right side or middle of paper - It is not a suspicious circumstance about execution of Will for the reason that two more thumb impressions of testator..........
Evidence Act, 1872, Section 90 -- Sale deed - Executed in the year 1965 - Objections as to fraud and misrepresentation - Plaintiff neither pleaded nor proved as to how consideration of sale deed was paid - No evidence as to who was the deed writer of sale deed or before whom the document executed - Sale deed executed between father of plaintiff or defendant no.1, but no..........
Specific Relief Act, 1963, Section 34 -- Suit for Declaration - Will - Shown by plaintiff - Father of parties partitioned property by specifying specific portion to be inherited by them - Execution of will was duly proved by attesting witness - Will was not scribed by professional Deed writer but was written by father - No evidence led by defendant to show will was either..........
Will -- Scribe - There is no such law that a Will must be scribed by a regular Deed Writer or that it cannot be scribed by an Advocate...........
Will -- Execution in favour of daughter-i, law who was estranged wife of her son - Will scribed by licensed document writer and attested by witnesses of family of testatrix and by stock witnesses - Testatrix after understanding contents of Will put her left thumb impression in presence of attesting witnesses who attested Will in her presence - Ingredients of S.68 Evidence..........
Agreement to sell -- Specific performance - Theory of obtaining thumb impressions on blank papers as defendant used to sell his crop at the shop of plaintiff - Location of thumb impressions not suggest so - Thumb impression on the first sheet at the bottom, on the second sheet in the middle at the end of the body of the agreement, and at the endorsement at the back of the..........
Will -- Suspicious circumstances - (a) Will unregistered (b) not scribed by a regular deed writer; (c) testator already gifted the property by way of consent decree; (d) scribe and attesting witnesses closely related to the beneficiary; (e) original will not produced - Will rightly held to be shrouded by suspicious circumstances by Courts below...........
Registration Act, 1908, Section 69, Rule 6, 4, 14(i) - - Grant of licence as Document Writer - Eligibility - Petitioner fulfills all the eligibility conditions for grant of licence of Document Writer - Reference has been made to Rule 14(i), which provides that he shall not engage himself in any trade or business without previous permission in writing of the Inspector..........
