Civil Procedure Code, 1908, Order 21, Rule 22(1) -- Execution proceedings against dead person are null and void - Auction sale - J.D. died even prior to issue of sale proclamation - Sale held against dead person without impleading L.R's and without issuing notice to them is null and void - It is immaterial whether J.D. died before or after sale proclamation...........
Partition Act, 1893, Section 4 -- Dwelling house belonging to undivided family - Suit for partition - Final decree passed - S.4 can be pressed in service in execution proceedings arising out of a final decree for partition, by one of co-owners against a stranger transferee of a share therein - Held, S.4 in its applicability covers all stage of litigation in a partition..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections -Agreement to sell in favour of objector executed prior to order of attachment -Suit for specific performance also pending in which an order of injunction passed restraining transfer of property - Objections to attachment filed without delay -Trial Court dismissed objections without affording a chance..........
Will -- Execution - Proof - Principles analysed - (a) the testator must have a disposing mind free from all extraneous influences with sound mental mind; (b) the testator is presumed to be sane having a mental capacity to make a valid Will until contrary is proved; (c) the Will should be executed in accordance with the provisions of the Act as incorporated in Section 63 of..........
Will -- Natural heirs - Deprivation - Not a suspicious circumstance because the whole idea behind execution of Will is to interfere with the normal line of succession...........
Will -- Sound disposing mind - Mere illness of a man is no ground to come to the conclusion that execution of Will is not in sound disposing mind. ( Para 10)..........
Will -- Suspicious circumstances - Sound disposing mind - Will executed by deceased when he was in the hospital - Will scribed by a lawyer, attested by a doctor and Will registered by taking the testator on a cot - Testator survived for a period of more than 7 years - Fallacious and erroneous approach on the part of the first appellate Court to hold that deceased was not..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Execution of a registered gift deed, acceptance of the gift and delivery of the property, together make the gift complete...........
Will -- Execution - Proof - Attesting witness not stating in examination-in-chief that he signed the Will in the presence of the testator - Cannot be held that there was no due attestation - It will depend on the circumstances elicited in evidence whether the attesting witnesses signed in the presence of the testator or not...........
Will -- Suspicious circumstances - Where the execution of Will is surrounded by suspicious circumstances, those suspicious circumstances cannot be said to have been removed by mere assertion that the Will bears the signatures of the testator or that the testator was in a sound disposing state of mind and memory at the time of the Will...........
