Will -- Probate - Attestation or notarization of Will is not required to seek probate - However, judicial notice can be taken of fact that party may get Will notarized being ignorant of said fact. (Para 10) Will - Probate - Variation of signatures of daughter of testator on attested notarized Will - Appellant appointed as executor of Will, as he was neighbour and close..........
Will -- Revocation - Non production of original - Merely because no original Will is filed on record would not mean that original Will was not executed and attested inasmuch as, once a Will is proved to be executed and attested, the destroying of the same in any manner should be proved to be a deliberate act of the executant for revoking the Will...........
Transfer of Property Act, 1882, Section 3 -- Attested - Attestors of documents - Need not know contents of document and need not always be witness to passing of consideration under sale deed...........
Will -- Proof - Attesting witness - DW2 in his statement clearly established that apart from being an identifier he had also attested the Will as an attesting witness - This witness had the necessary animus to attest the Will as a `witness' and not a mere identifier...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Transfer of possession covered by registered instrument of gift duly signed by donor and attested as required in law is not a sine qua non for making of valid gift under the provision of T.P. Act...........
Mahomedan Law -- Will - Can be oral and does not have to be attested as it need not be in writing - There is no format of Will in Mahomedan law...........
Stamp Act, 1899, Section 2(5) -- Bond - Though a bond is not attested but it does not mean that a document similar to bond without attestation by a witness would not be included or excluded in the definition of bond...........
Will -- Attesting witnesses - Close relations - In cases of will, normal conduct is to get the will attested by close relations...........
Proof of age -- Eligibility criteria copy of Secondary School Leaving Certificate - It does not make any difference in case School Leaving Certificate is of Higher Secondary School - In case, a copy of Secondary School Leaving Certificate can be accepted as proof of age, it does not even strike to common sense as to why copy of Higher Secondary School Leaving Certificate,..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Memorandum of agreement entered between parties duly signed by parties and attested by their respective counsels for dissolving their marriage and resolving all matrimonial disputes - Decree of divorce granted as per terms and conditions of memorandum of agreement, held, proper...........
