Will -- Suspicious circumstances - Unsoundness of testator - Burden of proof - Testator was suffering from mental disorder and was under treatment when the Will was executed - Onus is on the beneficiary to show that testator was in sound state of mind and executed the document properly...........
Will -- Execution of unregistered Will - Suspicious circumstances - Will prepared on verandah of Sub-Registrar office but the same was not registered - Plea taken by witnesses that scribe told them that the Will need not to be registered, creates doubt in the absence of no, examination of scribe, especially when one of the witness had categorically stated that testator..........
Will -- Suspicious circumstances - Signature of testator - Testator in most of the undisputed documents put his full signature while on present document he just put his surname, creates doubt regarding authencity of signature - Will shrouded by suspicious circumstances...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Test of suspicious circumstances as applicable to Will is not applicable to deed of gift - Once it is found that document of gift is registered and signature of donor is proved, it cannot be held to be invalid unless a case of fraud or misrepresentation is made out...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Partition suit - Gift deed executed in favour of defendants is a registered document and was executed by deceased in respect of his self acquired property - Two attesting witnesses proved the gift deed - Findings of lower Appellate Court reversing the decree passed by trial Court on the ground that gift deed was..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Not a conclusive proof of contents of the same and is required to be proved during trial...........
Registration Act, 1908, Section 17 -- Registration - Sketch map which is an acknowledgement alleged to be in respect of amicable partition - Not required to be compulsorily registered - Trial Court directed to mark the sketch map as collateral document...........
Constitution of India, 1950, Article 14 -- Appointment for Archaeological Survey of India (ASI) - Tender - Eligibility - As per the record it appears that two years experience is required for primarily working with ASI - In the instant case, petitioner was not eligible in participating in the tender process, as the work he was assigned was not related to him - Even, he..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea of customary divorce - Document regarding customary divorce not registered and does not reveal the customs as required to be followed in concerned community of litigating sides - Said document is of no probative value - Even otherwise, a divorced wife has a right to seek maintenance u/s 125 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 340 -- Forgery of a document - In divorce petition date of marriage mentioned different than that mentioned in certificate of marriage - Nothing shown as to how it is a case of forgery of document or what benefit is taken by husband by giving different date of marriage - Dismissal of application calls for no interference...........
