Will -- Proof of - Will had been written on the directions of testator as per scribe of Will - Attesting witness of Will stated that Will was signed in his presence during process of registration - No material on record that Will was entered into by exercising undue influence and a state of intoxication so as to render it suspicious - Will proved...........
Agreement to sell -- Validity - Plaintiff discharged his burden by examining attesting witness as well as scribe - However, defendant miserably failed to prove his defence - Plaintiff proved execution of agreement to sell...........
Civil Procedure Code, 1908, Order 13, Rule 1, 2 -- Marking of document - Petitioner was neither an author nor a scribe of documents in question - Documents pertain to third parties - Petitioner has not disclosed as to how, when and from where he had obtained said documents - Executing Court has not foreclosed right of petitioner in getting these documents marked, but had..........
Will -- Attestation - While scribe is not considered an attesting witness unless he signs Will with intention to attest it, his statement still provides important supporting evidence...........
Will -- Due execution - Scribe and one of attesting witness examined - DW1 testified in detail, the manner in which testator had signed Will in his presence after understanding contents thereof and that DW1 had signed Will as witness in presence of testator - Similarly, DW3/scribe of Will proved that he had read over contents of Will to testator and after accepting the..........
Agreement to sell -- Suit for specific performance - Suit property is situated in Haryana while agreement to sell was prepared on stamp paper purchased from Uttar Pradesh - There is no signature or seal of stamp vendor and neither was any examined by plaintiff - Even name of scribe is not forthcoming despite attesting witness deposing that agreement to sell was written at..........
Succession Act, 1925, Section 276 -- Probate - Will - Execution of Will has been duly proved by two independent witnesses who are scribe and attesting witnesses - Respondents have not even suggested any suspicious circumstances in execution of Will - Ingredients of S.276 of the Act fulfilled - Probate granted...........
Will -- Suspicious circumstances - Attesting witnesses and scribe of Will have proved execution of Will in terms of S.63(c) of Succession Act - No evidence on record regarding any incapacity suffered by testator - There is no circumstance to show that testator acted in a manner which a normal prudent man would not - Will is proved...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Defendant admitted his signatures on promissory note - Evidence of PWs 1 & 2 coupled with promissory note entrenches and establishes that defendant borrowed sum of Rs.1,50,000 from plaintiff and executed promissory note - PW2 is scribe of promissory note - Promissory note is true, valid and..........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Witness - Same witness for both the parties - Witness scribed two Wills, one in favour of plaintiff and other in favour of defendant - Scribe can be examined independently by plaintiff and defendant...........
