Will -- Due execution - Will in question is a registered Will which also bears photograph of executant - Executant and attesting witnesses had thumb marked Will even before Sub-Registrar - Will held, proved on record...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Objections - Declaration of entitlement to remain in possession in character of lessees - U.O.21.R.97 CPC independent claim can be set up even prior to dispossession - Under O.21.R.101 CPC, all questions have to be adjudicated upon by Court dealing with application and not by a separate suit - Upon..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to jurisdiction of Court - Issue of jurisdiction was decided by trial Court and also by Appellate Court - Executing Court is not expected to decide the same issue again while executing the decree - Objection rightly rejected...........
Will -- Partition suit - Execution of Will in favour of three daughters to the exclusion of plaintiff/son - Will in question proved in accordance with law - Two properties bequeathed by father/testator in favour of his three daughters - Plaintiff was disinherited by father with respect to said two properties - Plea of plaintiff that there existed three properties not..........
Specific Relief Act, 1963, Section 13(1)(c), 20, Transfer of Property Act, 1882, Section 55(5)(b) -- Agreement to sell - Suit for specific performance - Encumbrance - Right of intended purchaser - Intended purchaser can compel vendor to get land/property unencumbered before execution of sale deed or purchaser is entitled to retain the amount for which property is..........
Will -- Due execution - Attesting witnesses of Will died - It was thus, obligatory to examine their relatives in order to identify their signatures/thumb impressions on Will...........
Will -- Due execution - Once plaintiffs failed to comply with provisions of S.68 of Evidence Act, mutation considering death of testator intestate is most appropriate...........
Will -- Execution - Legatee under the Will or a person who is interested in the bequest - Not an independent witness for the purpose of attestation of Will...........
Will -- Execution - Atleast one of the attesting witness should be an independent witness and his examination cannot be avoided if he is capable of giving evidence and amenable to the process of Court for proving the Will...........
Agreement to sell -- Agreement with tenant - Jural relationship of landlord and tenant - Such question has to be decided by keeping in view S.111 of Transfer of Property Act and intention of parties - None of the nine conditions of agreement intended to surrender tenancy rights - Tenancy remained unaffected notwithstanding execution of agreement to sell - Landlord is..........
