Will -- Suspicious circumstance - Details of property given under Will by testator without reference of any document - Testator aged 85 years at the time of execution of Will allegedly gave various particulars of property bequeathed under Will - However, it is unbelievable that testator being a aged person had given said particulars without reference to any of documents -..........
Will -- Suspicious circumstances - Testator 85 years of age at the time of execution of Will - Heath of testator was not good and he being feeble, unsound and debilitated, was unable to take a firm decision - Inconsistencies and contradictions were found in testimony of one of attesting witness - Other attesting witness is not reliable being closely related to defendants -..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Proof of - Mere proof of execution of gift deed is not sufficient, as execution of gift deed is not disputed - Rather, burden was on defendant to prove that plaintiff executed the gift deed in their favour by her own sweet will having understood the contents of gift deed - Defendants though stated that contents of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition decree - Objection by transferee pendente lite - Appellant purchased the property during pendency of suit but prior to any preliminary decree being passed therein - However, appellant took no steps to apply to be impleaded in suit - Since appellant has purchased a share of a co-sharer in a partition suit..........
Will -- Suspicious circumstance - Non-mentioning of date of Will - Though no date is mentioned in Will, but month and year of execution is there - However, scribe and one marginal witness of Will proved the Will in Court and Will was executed as per provisions of S.63 of Succession Act - Even otherwise, it stands explained by scribe of Will that mentioning of date upon the..........
Will -- Suspicious circumstance - No discrepancy between statements of scribe and one of marginal witnesses with regard to mode and manner in which Will was executed - No evidence on record that propounder of Will though present at the time of execution of Will played any prominent role in its execution - Petitioner/propounder of Will successfully discharged the initial..........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Execution - Auction sale - Sale conducted ignoring the mandatory provision of O.21.R.64 CPC - Sale is without jurisdiction - For that leave about the bar of limitation to file application after 2 months U.O.21.R.90 CPC, as it is not applicable...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Mere fact that earlier JD or somebody to the attachment of property raised objection and petition was dismissed for default, is not a bar to impugn the sale...........
Civil Procedure Code, 1908, Order 21, Rule 58, 90 -- Execution - Right of auction purchaser (be it DH/auction purchaser or third party auction purchaser) - Arises only on confirmation of sale and till then, his right is nebulous and has only a right to consider for confirmation of sale...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - For invoking of provisions O.21.R.90 CPC, there must be plea and proof as to injury suffered by objectors to auction sale (be it JD or any person claiming through or otherwise) in showing the said sale arising out of alleged material irregularity or fraud...........
