Evidence Act, 1872, Section 68 -- Registered sale deed - Proof - To prove, it is not necessary to call an attesting witness when its execution is not denied specifically by a person who has executed the same, except the deed of `Will'...........
Evidence Act, 1872, Section 68 -- Registered sale deed - Execution - Proof of - Execution of document never questioned or objected by its executor - Defendants being stranger or third party to sale deed, has no right to question the authenticity of its due execution and attestation...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed in question was bereft of consideration and vitiated by coercion - Absence of pleading and proof to establish intention of plaintiff to sell - However, defendant stated that sale deed in question is a continuation of agreement to which plaintiff was a party and same was produced in criminal Court..........
Evidence Act, 1872, Section 101, 102 -- Registered sale deed - Presumption is that it was validly executed - Onus of proof is on those who want to off set the said presumption...........
Will -- Validity - Claim of title on the basis of unregistered Will - Defendant claiming right on the basis of sale deed - Defendant being third party, claiming right under the sale deed, cannot insist even for the proof of Will as per S.68 of Evidence Act, much less raising suspicious circumstances in the Will - Defendant cannot question validity of Will...........
Evidence Act, 1872, Section 118 -- Power of attorney holder - Registered sale deed 30 years old - Proof of - Partition suit - PW1 attorney holder, deposed on the basis of registered sale deed, which shows that property purchase in the joint names of plaintiff and his brother - He has not deposed anything hearsay or personal - No evidence is adduced by defendant - Case of..........
Agreement to sell -- Specific performance - Unregistered agreement to sell - When an unregistered agreement to sell is tendered in evidence, not as evidence of complete sale but as proof of agreement of sale, deed can be received in evidence making an endorsement that it is received only as evidence of an oral agreement of sale - Relief of specific performance granted on..........
Specific Relief Act, 1963, Section 34, Indian Contract Act, 1872, Section 15, 16, 17, 18 -- Suit for declaration - Execution of sale deed through fraud, misrepresentation, coercion, undue influence and without consideration - Proof - Plea of arrest was taken by plaintiff during execution of sale deed - Absence of any record of police station to prove plaintiff's arrest -..........
Evidence Act, 1872, Section 68 -- Sale deed - Proof - Sale deed is not required to be attested under law - Parameters that are relevant for attestation of a document cannot be applied to in the context of proof of a document, which is not required in law to be attested - Once the registration of a document and execution thereof by the executant are not disputed, the..........
Hindu Law -- Joint Hindu Family Property - Sale by Karta - Karta of Hindu joint family has no unlimited right of sale of joint family property - Sale of immovable property could be sustained to bind a coparcener only if it is supported by legal necessity or for family benefit - Proof of legal necessity is always on the purchaser whose evidence must be cogent and..........
