Will -- Execution - Atleast one of the attesting witness should be an independent witness and his examination cannot be avoided if he is capable of giving evidence and amenable to the process of Court for proving the Will...........
Agreement to sell -- Agreement with tenant - Jural relationship of landlord and tenant - Such question has to be decided by keeping in view S.111 of Transfer of Property Act and intention of parties - None of the nine conditions of agreement intended to surrender tenancy rights - Tenancy remained unaffected notwithstanding execution of agreement to sell - Landlord is..........
Will -- Proof of - Testator died after 15 months of execution of Will - Except a suggestion that testator was unconscious at the relevant time when Will was executed, there is no evidence available before Court - Will held, to be genuine...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Not required to be attested by marginal/attesting witnesses - Once sale deed is not required to be attested by marginal witnesses, it is not necessary that attesting witnesses must be examined in Court to prove execution and registration of sale deed...........
Evidence Act, 1872, Section 90 -- Sale deed - Thirty years old document - Presumption - Document in question is actually certified copy of sale deed and not sale deed itself which was never produced in Court - Conditions enumerated u/s 90 of the Act, cannot be said to be satisfied - Presumption u/s 90 of the cannot be available in the case - Even otherwise, factum of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Sale of property - Money suit - Entire decretal amount admittedly was paid by defendant/JD from time to time though in installments - In such circumstances, it would not be feasible to sell the property of JD - Court committed error in review petition by stating that entire decretal amount was not paid by..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and delay execution proceedings..........
Agreement to sell -- Extension of time - Once extension which have been signed by all proposed vendors is not in dispute, date for execution of sale-deed stood extended...........
Transfer of Property Act, 1882, Section 122 -- Gift deed - Validity - Execution of gift deed after execution of agreement to sell and after receiving legal notice - Agreement to sell duly proved and prior in point of time - Defendant was left with no power to deal with property that was subject matter of agreement - Gift deed is null and void...........
Will -- Execution - Will executed 16 days prior to death of testator - Will cannot be discarded merely for this reason in the absence of evidence that Will was forged...........
