Will -- Proof - Will executed and registered in 1992 and testator remained alive for a period more than 10 years - It is proved that executant as well as both the attesting witnesses were present not only at the time of execution of Will by scribe but they were also present at the time of its registration - No evidence on record that Will was result of undue influence or..........
Will -- Proof - Original Will on record but exhibit marked on photocopy thereof - Original Will thumb marked by testator and signed by both the attesting witnesses - Both the attesting witnesses stated that Will was typed on the instructions of testator and thereafter testator thumb marked the Will and thereafter attesting witnesses signed in the presence of testator as..........
Will -- Proof - Execution of Will admitted by defendant - Will not to be used as evidence until it is proved in the manner prescribed u/s 68 of Evidence Act - This position cannot be diluted even if opposite party has not specifically denied the execution of Will...........
Will -- Execution - Proof - Will should be attested by at least two witnesses - (1) Witnesses should have seen the affixture of signature or mark by testator or had received a personal acknowledgment from testator regarding his signature or mark affixed and that (ii) the witnesses should have signed the Will in the presence of the testator - These two inseparable..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Burden of proof - Once plaintiff proves execution of pronote by adducing acceptable evidence, burden shifts on to defendant to prove that pronote was not supported by consideration...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Proof - Person who signed sale deed examined as a witness who stated about execution of document and its registration - There was sufficient proof regarding its execution...........
Will -- Proof of - Merely because scribe did not ask for identity of testator, it cannot be held that execution of Will by testator was not proved - Will has to be proved by attesting witnesses and not by scribe...........
Will -- Proof - Thumb impression of testator was not matched - Contradictions in evidences of attesting witnesses as regards place of execution - Requirement of S.63 Succession Act must be reliable and same cannot be said to be fulfilled when there is mechanical compliance of stipulations therein - Will, held, not duly proved...........
Evidence Act, 1872, Section 102 -- Burden of proof - Recovery suit on basis of promissory note - Burden of proof lies on plaintiff to prove execution of promissory note - Once burden of proof is discharged by plaintiff, onus shifts on defendant to disprove execution of same...........
Agreement to sell -- Proof - Agreement not signed by plaintiff - Agreement thumb marked by defendant and witnessed by `S' and `K' and bearing seal of Oath Commissioner - None of those persons supported execution of document - Agreement to sell not proved - Decree of specific performance rightly set aside by first appellate Court...........
