Will -- Proof of - PW1 attesting witness of Will not proved the presence and signature of other attesting witness of Will - No other person except Advocate and testator was there at the time of execution of Will - Requirement of S.63(c) of Evidence Act therefore, not complied with - Will not proved...........
Agreement to sell -- Not required to be attested by attesting/marginal witnesses - If one of attesting witness has made a statement that defendant did not sign in his presence, that would not invalidate agreement - Agreement is signed by defendant - No evidence produced on record by defendant to prove that it does not bear his signatures - Agreement held, proved on record...........
Will -- Due execution - There is no legal embargo for beneficiary to act as attesting witness to Will and document is not rendered void merely on that ground...........
Will -- Suspicious circumstances - Testator expressed his desire to execute Will in favour of DW4 in presence of plaintiff - DW4 stated that plaintiff agreed to wish of testator - One of attesting witness of Will and scribe corroborated the statement of DW4 - Testator was mentally and physically sound at the time of execution of Will - Will executed by testator of his own..........
Will -- Execution - Proof - One of attesting witness has died and second witness has shifted to foreign country, thus, S.68 of Evidence Act is not applicable. (Evidence Act, 1872, S.68)..........
Will -- Execution - Proof - Non availability of attesting witnesses - Will has to be proved in accordance with S.69 of Evidence Act - Propounder has to satisfy two requirements, viz. (i) attestation of one attesting witness at least is in his hand writing; (ii) the signatures of the person executing the document is in the hand writing of that person or in other words,..........
Will -- Execution - Proof - Non availability of attesting witnesses - Will registered - Evidence of Sub-Registrar that he knew testator as he was Chowkidar of the village and he also personally knew attesting witness as he was Lambardar of the village and that Will was read over to testator and testator acknowledged correctness of the same - Scribe also examined who stated..........
Agreement to sell -- Specific performance - Admission in cross examination by one of the attesting witness that there was no transaction of giving/taking of money in his presence - Sole testimony of defendant is not at all sufficient either to rebut evidence adduced by plaintiff consisting of testimonies of deed writer, one of the attesting witness and statement of..........
Will -- Due execution - Attesting witnesses have to sign in presence of executant but not in presence of each other - Contention that since attesting witness did not recognize signatures of second attesting witness, due execution of Will is under doubt, held, rejected...........
Will -- Proof - Attesting witness of Will should not be disbelieved merely on account of fact that he forgotten the name of executant, particularly after elapse of long period of time...........
