Will -- Registered Will - Will in question is admittedly a registered document - Therefore, presumption of truth is attached to it...........
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..........
Will -- Proof of - Registered Will carries presumption of correctness that document is validly executed - If defendants have questioned the Will on the ground of fraud, it is for them to adduce convincing evidence to rebut said presumption...........
Will -- Registration - Registered Will executed by testator is a solemn document, as registered document has presumption of correctness...........
Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Presumption - Plea that it was executed as security for a loan and there was oral agreement to reconvey on payment of borrowed amount - No convincing evidence of oral agreement - In absence of convincing and cogent evidence, plaintiff is not entitled to adduce evidence invoking S.92 Proviso of Evidence..........
Agreement to sell -- Specific performance - Suit property absolutely settled in favour of defendant by his father - Defendant agreed to sell property in favour of plaintiff - Due execution of sale agreement proved by PW2 and being a registered document, presumption in favour of plaintiff has to be drawn - Right of minor son of defendant to resist execution of sale..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Complainant failed to disclose date, month and year of advancement of loan and remained silent - Even, one FIR got registered against son of complainant on basis of statement made by son of accused and one cheque was also issued in favour of complainant but..........
Registration Act, 1908, Section 60, 62 -- Certificate of registration - Registered agreement for sale - There is presumption which attaches to correctness of endorsement made on document by Registrar`s office - Thus, it cannot be said that defendant was ignorant about contents of agreement when it was executed...........
Evidence Act, 1872, Section 63(e), 71, 76, 101, Registration Act, 1908, Section 23, 57 -- Proof of document - Admissibility of secondary evidence - As per provisions of S.57(5) of Registration Act and Ss.65(f), 76 of Evidence Act, a certified copy of sale deed as registered is permitted to be given in evidence - Moreover, certified copies of public documents can also be..........
Evidence Act, 1872, Section 90 -- Thirty years old document - Registered Will - Presumption u/s 90 of the Act, is not applicable to registered Will...........
