Will -- Active part played by a close relation of one of the executors in execution of Will - May raise suspicion in absence of other circumstances on record to show voluntary character of document...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- O.1.R.10 does not apply to execution proceedings - Applicants cannot come on record as J.D's...........
Will -- Execution & attestation - Testator putting his signature and executing Will in presence of witnesses - Witnesses putting their signature in presence of testator - Advocate drafting Will putting his signature thereafter - Held, Will properly executed & attested...........
Will -- Suspicious circumstances - Testator died within 45 days of execution of Will - Nothing on record to show that testator was suffering with some ailment which could affect his mental condition - Finding by Court that execution of Will was valid - Justified...........
Will -- Execution of Will by a Hindu in favour of a man belonging to sortie other religion - Not prohibited...........
Succession Act, 1925, Section 276 -- Grant of probate Restricted to proof of legal and valid execution of Will - Questions of marriage and divorce are irrelevant...........
Civil Procedure Code, 1908, Section I 15 -- Plaintiff admitted execution of documents - Subsequently filed application stating that those documents are inadmissible in-evidence being neither properly stamped nor registered - Application rejected - Revision - Held, trial Court not committed any jurisdictional error - No merit in revision as such dismissed...........
Transfer of Property Act, 1882, Section 62, 111 -- Lease - Property mortgaged to lessee - On redemption mortgagor is entitled to possession as no tenancy rights survived when they were surrendered on execution of the mortgage...........
Will -- Adopted son deprived - Widow lady having no natural issues - She adopted son but was not satisfied by him and thus living separately -Testator a lady of religious mind - Execution of Will in favour of Gita Press, Gorakhpur - Will duly proved - Held, Will is not surrounded by suspicious circumstances...........
Constitution of India, 1950, Article 14 -- Agreement of sale - Specific performance - previously alienations made by members of Defence Housing Cooperative Society to non defence personnel - Defendant cannot deny execution of sale deed in favour of plaintiff on the ground that he is a non defence personnel...........
