Will -- Attestation - Propounder of Will has not given details as to names of attesting witnesses - Even though only one attesting witness was called to let in evidence in the matter, propounder of Will ought to have testified with regard to the proper execution of Will inasmuch as details regarding presence of attesting witnesses at the time of execution of Will and other..........
Will -- Execution - Scribe of Will does not know testator personally but he has prepared the Will - He is also a stranger to testator as there are no details as to how he is ever acquainted with her let alone being called to draft her testament - Evidence of scribe of Will does not inspire any confidence and therefore cannot be believe at all...........
Specific Relief Act, 1963, Section 22(2), Specific performance -- Relief of possession - Expression `at any stage of proceeding' includes the stage of execution of decree by executing Court...........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Sale deed - Permanent construction existing over plot in question - However, petitioner pleaded that such constructions were raised subsequent to execution of sale deed - Once such plea was taken by petitioner, burden shifts upon him as it is only petitioners who could have proved such fact - However, said permanent..........
Will -- Execution of Will by mother in favour of plaintiff - Father is disputing the alleged execution of unregistered Will executed by his wife - Burden is on plaintiff to prove the alleged unregistered Will as per the provisions of Ss.68, 69 of Evidence Act - Since alleged Will is not proved by plaintiff trial Court rightly ordered for partition of the plaint-C schedule..........
Agreement to sell -- Validity - Suit for specific performance - Defendants have denied execution of agreement in written statement - One of attestors of agreement had stated that he did not sign as a witness on agreement - Genuineness of agreement has not been proved by plaintiffs - Agreement in question is not valid...........
Auction sale -- Bid - Merely by offering highest bid, bidder does not acquire any vested right for the execution of contract in its favour...........
Specific Relief Act, 1963, Section 22(2) -- Specific performance - Relief of possession is inherent in the relief of specific performance of contract for sale - Therefore, in execution of a decree for specific performance, DH is entitled to possession over property even if no such relief was specifically claimed in the suit or granted under the decree...........
Succession Act, 1925, Section 232, 276 -- Will - Letters of administration - Documents filed by petitioner satisfies that he is beneficiary of Will - Execution of Will is duly proved as required u/s 67 of Bharatiya Sakshya Adhiniyam - Testatrix had 5 daughters and except one all daughters filed the consent affidavits - Said daughter has not filed any caveat or object to..........
Will -- Execution - Testatrix put her signature on the right-hand top corner of all the pages, including the last page - Mere placement of signature, similar to the other pages of Will, at the top of last page does not itself vitiate the execution of Will...........
