Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Certified copy of registered Will and certified copy of orders passed by joint Collector - Defendant admitted the matter of implementation of Will Deed went upto Joint Collector in Revision proceedings under ROR Act and Joint Collector after hearing both sides directed plaintiff to get his rights decided by Civil..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registration - Adoption can be by way of a registered deed or even without it - However, an act of giving and taking in adoption has to be performed by both the parties namely, biological parents and the adoptive parents...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed Adoption which has already been done by way of a customary method or by any such give and take, may be reduced in writing subsequently and adoption deed may thereafter be registered...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Once an adoption deed is registered, it would be presumed that a valid adoption has taken place with right of rebuttal...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiffs pleaded oral family arrangement - However, respondent who is one of legal heirs of deceased would submit that Family Arrangement Deed is a fraudulently created document - She is thus, a necessary and proper party in the suit - Unless respondent is impleaded as a party in..........
Agreement to sell -- Specific performance - Agreement executed between parties and Rs.2 lacs was paid as advance by plaintiff to defendants, is proved by PW1 and PW2 by way of oral evidence and same has also been proved by endorsement of defendants at the back first page of agreement - Legal notice was also sent by plaintiff to defendant to execute the sale deed -..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Limited right created in favour of woman in lieu of maintenance - Since right to maintenance is recognized as pre-existing right, limited right created in favour of woman under management deed would automatically get enlarged to absolute right by operation of S.14(1) of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Partition suit - Suit land was inam re-granted to defendant no.1 - He was granted ownership and thus, he was absolute owner and entitled to dispose of property - When father and grandfather of plaintiff never objected to sale deed or asserted any right in respect of property,..........
Agreement to sell -- Specific performance - Plaintiff contended that defendant was required to get mutation sanctioned in respect of suit property in revenue record and only thereafter sale deed was to be executed - However, once defendant had handed over original sale deed of suit property to show his title, this is lame excuse on part of plaintiff to say that mutation..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Un-registered sale deed - When a document is inadmissible in evidence for want of registration, none of its terms can be admitted in evidence - Trial Court rightly refused to admit the document - Application rightly dismissed...........
