Will -- Suspicious circumstances - Where the execution of the will is surrounded by suspicious circumstances, the suspicion cannot be removed by the mere assertion of the propounder that the will bears the signatures of the testator or that the testator was in a sound state of mind and memory at the time he made the will - Propounder must remove all legitimate suspicious..........
Will -- Execution & attestation proved - But the close scrutiny of evidence of the scribe and marginal witnesses does not inspire confidence to come to definite findings that Will in question is executed by father of the parties in the presence of two marginal witnesses - Contradictions in their statements may not be material if seen separately but their cumulative effect..........
Civil Procedure Code, 1908, Section 96(3) -- Agreement to sell executed by President Co-operative Society - Permission of Registrar Cooperative Societies not required to sell property of Society - President authorised to sell - Execution of agreement admitted in written statement - Identity of property and consideration payable not disputed - Wrong mention of date in..........
Will -- Suspicious circumstances - Burden of proof - Where the propounder lets in evidence to prove the due execution of the Will, the burden shifts on to the defendants to substantiate their case that the execution of the Will is shrouded in suspicious circumstances...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Eviction petition - Compromise - Eviction decree passed - Tenant taking some persons as partners - Partnership firm claiming itself to be tenant - Held, there is no privity of contract between the firm and the landlord - Application U.O.39 Rr.1, 2 seeking stay of execution of eviction decree rejected...........
Limitation Act, 1963, Section 12(2), Article 136, Civil Procedure Code, 1908, Order 21, Rule 11 -- Provisions of Section 12(2) Limitation Act is not applicable to execution proceedings - Decree holder is not entitled to exclude time required for obtaining certified copy while computing period of limitation for filing execution petition...........
Will -- Includes a codicil making a voluntary posthumous disposition of property intending to take effect after the death of the testator - In order to hold a document to be a Will it has to be proved that the same is in conformity with the provisions as regards the execution and attestation of a Will - The Will must relate to the property of the testator which he intends..........
Will -- If it takes effect immediately on its execution, it is not a Will - Will must take effect after the death of the testator...........
Will -- Execution - Proof - Onus of proof is on the propounder of the Will...........
Will -- Attesting witness - Advocate - Can be an attesting witness - Receiving fee for attestation by an Advocate is not in itself sufficient to create doubt or suspicion on its proper execution...........
