Transfer of Property Act, 1882, Section 123 -- Gift - Duly registered and certificate endorsed on it by the Registering Officer - Is a relevant piece of evidence to prove the just execution...........
Civil Procedure Code, 1908, Order 21, Rule 1(1)(a) -- Part of decretal amount deposited pursuant to an order of appellate court for interim stay of execution - Is not a payment under order 21 Rule 1(1)(a) - Interest does not ceases to run from date of such payment...........
Will -- One of the legatees sold land claiming to be owner of 1/5th share whereas on the basis of Will his share came to one half (2) Testator used to sign but thumb marked the Will and reason for doing so not explained (3) No recital in the Will as to why testator deprived his natural heirs (4) Discrepancies in the evidence of witnesses as to the place of scribing the..........
Will -- Suspicious circumstances - (1) Neither original Will produced nor the loss thereof proved (2) Will registered after three years of its execution (3) Thumb impressions of testator on the Will not got compared with the admitted or his standard thumb impression (4) Original Will not even produced before Revenue authorities who sanctioned mutation on the basis of Will..........
Evidence Act, 1872, Section 68 -- Proviso - Execution - Denial - Must be express, definite and manifest - General denial is not sufficient...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Legal point which goes to the route of the case can be raised at any stage provided it does not require investigation of fact...........
Will -- Onus of proof - Always on propounder - In the absence of suspicious circumstances surrounding the execution of Will, proof of testamentary capacity and the signatures of the testator is sufficient to discharge onus...........
Will -- Propounder taking active part in execution of Will - Propounder's active participation in the execution of Will is generally treated as a suspicious circumstance surrounding the Will but such a circumstance by itself is not sufficient to create any doubt on the testamentary capacity or the genuineness of the Will...........
Will -- Proof of averments in the Will - Due execution of Will proved -Averments in Will do not need to be proved independently...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Commissioner cannot be appointed in execution proceedings...........
