Hindu Succession Act, 1956, Section 6(1) -- (as amended) Proviso - Will - A case would fall under S.6(1) Proviso of the Act, only if two things had taken place before 20.12.2004 i.e: (i) execution of Will; and (ii) death of testator...........
Will -- Proof - Executant, attesting witnesses and registrar expired - PW1, is the solitary witness produced by plaintiff and his presence at the time of execution of Will is doubtful, as he nowhere stated that he is acquainted with the signatures of testator and attesting witnesses - Will not proved by plaintiff in accordance with law - Will discarded...........
Stamp Act, 1899, Section 47A, 33(5) -- Second proviso (As in U.P.) - Sale deed - Proceedings for deficiency of stamp - Limitation to initiate the proceedings is 4 years as per Ss.47-A, 33(5) of the Act - However, maximum period is 8 years during which State Government can give permission for initiation of proceeding in the matter - In the instant case, 8 years period..........
Will -- Suspicious circumstance - Physical capacity and mental status of testator at the time of execution of Will - Testator was suffering from cancer - Evidence of Sub-registrar is categorical in nature, stating that he personally satisfied himself that testator was in sound and disposing state of mind to execute Will - Moreover, suffering from cancer is bona fide reason..........
Will -- Registered - Presumption - Will was registered and Sub-registrar examined and filed his report - Sub-registrar proved execution of Will - Moreover, presumption that official act has been done in accordance with law and rules prescribed has to be drawn in favour of Sub-Registrar u/s.114(e) of Evidence Act - Onus is upon plaintiff to prove undue influence and..........
Will -- Proof - Will required by law to be attested shall not be used as evidence until one attesting witness (if he be alive) has been called for proving its execution, even when its execution is not specifically denied or expressly admitted. (Evidence Act, 1872, Ss.68, 58, Indian Succession Act, 1925, S.63)..........
Will -- Proof - Due execution of Will cannot be proved otherwise than by recourse to S.68 of Evidence Act and S.63 of Indian Succession Act, 1925 - General provision of S.58 of Evidence Act has obviously to give way to the special provision of S.68 of Evidence Act which govern documents required by law to be attested. (Evidence Act, 1872, Ss.68, 58, Indian Succession Act,..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 10 -- Execution - Original decree passed by District Court - Decree therefore, has to be executed by District Court itself, even if decree is modified by Supreme Court...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - For invoking O.21.R.29 CPC, there should be simultaneously two proceedings in one Court - One is proceeding in execution at the instance of DH against JD and other a suit at the instance of JD against DH...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Civil suit not pending in same Court where execution proceeding is pending - Said suit is neither filed by JDs nor it is filed against DH, as DH is only a formal party in the suit - None of requirements is satisfied for invoking provision of O.21.R.29 CPC - Application dismissed...........
