Will -- Sound state of mind - From the evidence on record, the court is required to find out whether at the time of the execution of Will, the testator was in his sound disposing state of mind and he had actually put his signature or thumb impression thereon of his own free Will...........
Will -- Executed in favour of nephews -Sister was alive at the time of execution of Will - Sister disinherited who otherwise was to succeed to the estate of testator - Contention that it is common among the agricul-turists to retain the land within the male descendants or collators - Cannot be accepted as it was open to the testator to state so in the Will in order to..........
Will -- Attested by a `Sarpanch' - Shade of ink used in the stamp by the `Sarpanch' and the thumb impression of the executant differing - Held, if the same ink pad was available at the time of execution of the Will testator would have used the same ink paid - Will is surrounded by suspicious circumstances...........
Will -- Daughter excluded - Testator performed the marriage of his daughter - Non bequest of property to children of testator does not make the Will invalid if the execution of the Will is satisfactorily proved...........
Evidence Act, 1872, Section 65 -- Secondary evidence - A party seeking permission to produce secondary evidence regarding a document, is not required to prove the loss of document in absolute terms - Plaintiff not in a position to produce the document because the persons in whose possession the document could be found, are either dead or have denied the execution of the..........
Evidence Act, 1872, Section 90 -- Documents 30 years old - Presumption regarding genuineness - (1) Presumption applies to documents 30 years old (2) The docu-ments must come from proper custody (3) The presumption is discretionary (4) Presumption applies to documents which bear the signatures of the writer or of witnesses (5) Presumption relates to signatures, execution or..........
Bank Loan -- Suit for recovery - Limitation - Loan advanced in July, 1971 and suit filed in August 1980 - Loan advanced on execution of promissory note - Borrower and guarantor also executed letter of continuity - None of them at any point refused to carry out obligation under document - Period of limitation to enforce bond starts to run from date of denial or breach of..........
Will -- Registered - Certificate of execution is prima facie evidence of execution in absence of other evidence...........
Will -- Execution - Proof- Attestors not available - S-69 Evidence Act required fulfilment of two conditions, viz (1) Proving that the attestation of one attesting witness at least is in his handwriting, (2) Proving that the signature of the executant is in his handwriting, the emphasis has been laid on the fulfilment of first of the abovesaid two conditions. (Evidence..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Principles laid down in O.21 R.64 CPC are applicable to the sale of mortgaged properties under execution...........
