Transfer of Property Act, 1882, Section 123 -- Registered Gift deed - Deceased executed registered gift deed in favour of her daughter/defendant out of love and affection, as she was taking care of deceased during his old age - Execution and registration of gift deed in favour of defendant is not disputed - There is presumption that a registered document is validly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for cancellation of sale deed executed by plaintiff in favour of defendant - Sale deed in question speaks about payment of entire consideration money at the time of its execution and title and possession passed to purchaser soon on registration of sale deed - Cheques mentioned in sale deed were..........
Execution proceedings -- Executing Court must dispose of execution proceedings within six months from the date of filing, which can be extended only by recording reasons in writing for such delay...........
Civil Procedure Code, 1908, Order 21, Rule 105 -- Execution petition - Dismissal in default - Not a bar for filing fresh execution petition provided it is within time...........
Evidence Act, 1872, Section 68, 71 -- Will - Proof of - Mere summoning of one of attesting witnesses in proof of testament, who turned hostile to the due execution alone is not sufficient to make the succeeding provision S.71 of the Act operative, for which, propounder has to show that it has become impossible to prove the testament under the special provision S.68 of the..........
Evidence Act, 1872, Section 71 -- Will - Proof of - Mere preponderance of probability regarding the due execution and attestation with all necessary mental element would be sufficient to discharge the initial onus on the propounder when the matter is brought under the purview of S.71 of the Act...........
Will -- Proof of - Testator admittedly committed suicide within hours of alleged execution of Will, which would show the extent of mental impairment and imbalance at the time when the alleged Will was executed - Will discarded on that ground...........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- Execution - Provisions of O.22.Rr.3,4 & 8 CPC do not apply to execution proceedings - If after filing of execution petition in time, either D.H. or J.D. dies and his legal representatives are not brought on record then there is no abatement of execution petition and execution petition remains pending - If no time..........
Will -- Suspicious circumstance - Mere exclusion or disheritance of a natural heir, not a suspicious circumstance, as very purpose of execution of a Will is to divert from line of natural succession...........
Will -- Proof of - Plaintiff contended that his grandmother after cancelling earlier Will in favour of defendants executed Will in his favour - However, attesting witness of Will in favour of plaintiff stated that testatrix was not in her sound state of mind at the time of execution of Will - Serious doubt arises as to why testatrix just before her death has chosen to..........
