Specific Relief Act, 1963, Section 34 -- Suit for Declaration - Will - Shown by plaintiff - Father of parties partitioned property by specifying specific portion to be inherited by them - Execution of will was duly proved by attesting witness - Will was not scribed by professional Deed writer but was written by father - No evidence led by defendant to show will was either..........
Will -- Scribe - There is no such law that a Will must be scribed by a regular Deed Writer or that it cannot be scribed by an Advocate...........
Will -- Execution in favour of daughter-i, law who was estranged wife of her son - Will scribed by licensed document writer and attested by witnesses of family of testatrix and by stock witnesses - Testatrix after understanding contents of Will put her left thumb impression in presence of attesting witnesses who attested Will in her presence - Ingredients of S.68 Evidence..........
Agreement to sell -- Specific performance - Theory of obtaining thumb impressions on blank papers as defendant used to sell his crop at the shop of plaintiff - Location of thumb impressions not suggest so - Thumb impression on the first sheet at the bottom, on the second sheet in the middle at the end of the body of the agreement, and at the endorsement at the back of the..........
Will -- Suspicious circumstances - (a) Will unregistered (b) not scribed by a regular deed writer; (c) testator already gifted the property by way of consent decree; (d) scribe and attesting witnesses closely related to the beneficiary; (e) original will not produced - Will rightly held to be shrouded by suspicious circumstances by Courts below...........
Registration Act, 1908, Section 69, Rule 6, 4, 14(i) - - Grant of licence as Document Writer - Eligibility - Petitioner fulfills all the eligibility conditions for grant of licence of Document Writer - Reference has been made to Rule 14(i), which provides that he shall not engage himself in any trade or business without previous permission in writing of the Inspector..........
Will -- Suspicious circumstances - Testator was only 46 years of age at the time of execution of the alleged Will - Will written by a deed-writer in Tehsil compound, however, the same was not got registered - There is an over-writing in writing serial number of the register of the deed-writer on the Will - There is no mention in the Will as to why other natural heirs were..........
Will -- Suspicious circumstances - Over-writing in writing serial number of register of deed writer on the Will which was initiated by the writer of the Will - Register not properly maintained by deed writer - It becomes suspicious circumstance...........
Will -- Execution - Proof - Scribe of Will died and therefore another Deed Writer was examined to prove handwriting of scribe - Defendants have also examined one attesting witness of the Will i.e. Sarpanch - Held, this evidence is sufficient to prove due execution of Will - There was also sufficient justification for testator for executing Will in favour of defendants..........
Will -- Suspicious circumstances - Will registered after 2-1/2 years of its execution - Will scribed by a layman and not by professional deed writer whereas cousin of testator is a practicing advocate - Will executed in favour of a stranger to the exclusion of sons and daughters with whom testator was having cordial relations - Beneficiary claiming to be a close relative..........
