Will -- Execution - Proof - Executant used to sign but thumb marked the Will - However, there is only one signature of executant which is a copy of a passport wherein signatures are in a haphazard manner - On other documents available on record such as vaklatnama and power of attorney filed in a suit against appellant, executant has thumb marked - Handwriting expert gave..........
Will -- Execution - Essential requirements - Testator must sign or affix his mark on the Will or the same shall be signed by some other person as per his direction and in his presence - The signature or mark of the testator or the signature of the person signing for him shall be placed in a manner which may convey the intention of the testator to give effect to the writing..........
Will -- Alterations - Any alterations made after execution has no effect unless such alteration has been executed in the same manner in which the Will is executed - However, such alteration shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses is made in the margin or on some other part of the Will opposite or near to..........
Succession Act, 1925, Section 63 -- Will - Execution of - Legal requirements for proving execution of Will summarized...........
Will -- Suspicious circumstances - Sufficient reasons have been given by Courts below that there are various suspicious circumstances surrounding due execution of Will - Appellants-defendants as propounder of Will have failed to remove same to satisfaction of Court - Held, Will in question allegedly executed in favour of appellants-defendants rightly discarded by Courts..........
Civil Procedure Code, 1908, Section 151 -- Execution application - Dismissal in default - Restoration - Counsel busy in another Court - Held, sufficient reason to restore application u/s 151 CPC exercising inherent powers - Restoration allowed...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections to attachment - Must be adjudicated by Court after holding an inquiry with regard to the respective claim put forward by the parties...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Execution - Auction sale - Setting aside - Provision does not insist that a person must hold valid title to maintain an application under it - Any person having an interest in the property can get the sale set aside - `Interest' means as to whether there exists any person, who is also claiming rights over the same property...........
Civil Procedure Code, 1908, Order 21, Rule 6(b) -- Arbitration - Execution of award - Transfer certificate - Requirement - Held, transfer certificate, from the Court which passed the decree, was not required for execution of an award (Decree) under the Arbitration Act...........
Will -- Suspicious circumstances - In Will it was not mentioned that same was written as told by "N" - Will was typewritten and that it was read over to "N" - Held, this inconsistency as regards execution of Will is a suspicious circumstance...........
