Evidence Act, 1872, Section 102 -- Onus to prove - Will - Onus of proving Will is on the propounder and in the absence of suspicious circumstances surrounding the execution of Will on proof of testamentary capacity and signature of testator as required by law, is sufficient to discharge the onus - Where, however there are suspicious circumstances, onus would be on the..........
Will -- Probate - Mere fact that Will in question is registered, this does not relieve the propounder of Will from the requirement of getting it probated, but its registration raises presumption of its due execution...........
Will -- Due execution - Merely because testatrix died within a month after execution of Will is by itself not sufficient to infer that, she was not in sound health and disposing state of mind at the time of execution of Will...........
Will -- Due execution - Attesting witnesses have proved its due execution - There is no evidence to suggest that any fraud was played in its execution - If a Will appears on the face of it to have been duly executed and attested in accordance with the requirements of statute, a presumption of its due execution and attestation applies - Deposition of witnesses that..........
Will -- Due execution - Will was prepared as per instruction of Testatrix - Attesting witnesses deposed that testatrix had a meeting with them about 10-15 days before execution of Will, where she had expressed her intention to execute Will - It cannot be said that due execution of Will was vitiated on account of any active part played by beneficiary - Will proved -..........
Agreement to sell -- Specific performance - In a suit for specific performance, plaintiff must not only prove execution of a valid agreement but also establish her continuous readiness and willingness to perform her part of contract...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Filing of draft document i.e sale deed along with execution petition is not mandatory but merely directory - However, if decree holder chooses to file a draft document, either initially or at a later stage of execution proceedings, Court shall follow procedure U.O.21.R.34 CPC -..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - O.41.R.5 CPC empowers appellate Court to impose conditions for staying execution of decree of trial Court...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Attachment of property of JD - Objection by JD - Property of JDs attached for satisfaction of decree - Contention of JDs that executing Court could satisfy the decree from the security furnished to trial Court during trial is not tenable because said security is not sufficient for satisfaction of decree -..........
Civil Procedure Code, 1908, Section 39 -- Execution - Court which passed decree is entitled to execute decree...........
