Evidence Act, 1872, Section 92 -- Sale deed - Subsequently executor executed another document transferring the same land, alongwith some other land - Sale deed duly registered testified to by attesting witness thereto and factum of registration of document also not disproved - Even in terms of S.92 of Evidence Act as regards its execution and registration, it cannot be..........
Will -- Execution - Proof - Attesting witness - At least one of the attesting witness is required to be examined to prove his attestation and the attestation by another witness and the testator...........
Will -- Execution - Proof - Testator executed Will in favour of his grandsons - Attesting witness of Will not only signed Will as attesting witnesses at the time of execution but also at the time of registration before Sub-Registrar - Statement of attesting witnesses proved due execution of Will apart from evidence of scribe and official from Sub-Registrar's office...........
Civil Procedure Code, 1908, Order 26, Rule 4, 4A -- Commission to examine attesting witness of Will - Attesting witness suffering from various ailments - It is thus, a fit case where Commissioner may be appointed to record evidence of witness - Application allowed...........
Will -- Suspicious circumstances - Beneficiary of Will participated in creation of Will - His son also participated in creation of Will - Independent witness DW3/attesting witness had admitted that Will was already typed when he had gone to put his signatures - Will in question is surrounded by suspicious circumstances...........
Will -- Execution - Proof - It is incumbent on attesting witness while appearing in Court and tendering his affidavit by way of examinatio, i, chief in evidence, identify the signature of the executant and signatures of himself and other witnesses on the document, without which a document as Will is not proved...........
Will -- Suspicious circumstances - Once photograph of two attesting witness has been printed, absence of photograph of third attesting witness cannot be viewed with suspicion, particularly, when normally Will is attested by two witnesses...........
Will -- Attestation - No particular form of attestation is necessary - Will must be signed by witness in presence of testator, but it is not necessary that more than one witness should be present at the same time - There is no prescription in the statute that the testator must necessarily sign the Will in the presence of the attesting witnesses only or that the attesting..........
Will -- Proof of - Testatrix was an illiterate lady and she did not understand the true nature of document executed - Attesting Witness of Will not summoned and asked to depose as a witness - There are substantial and good reasons to legitimately suspect and question execution of Will, which propounder of Will not able to repel and remove - Even execution of Will has not..........
Will -- Due execution - Unless Will is proved by examining at least one attesting witness, its due execution is not taken to be proved...........
