Will -- Execution - Mere presence or even active involvement of Executor cannot ipso facto render the execution of Will invalid or raise a suspicious circumstance...........
Will -- Suspicious circumstance - Impersonation of testatrix at the time of registration of Will - Even if it were to be assumed that registration was suspect, same would not retrospectively vitiate the execution of Will itself, in view of Wills not being compulsorily registrable...........
Will -- Suspicious circumstance - Execution of Will in favour of one of daughters of testatrix - Prominent involvement of propounder/son-in-law of testatrix, whose wife is the beneficiary of Will, in the execution of Will - Executor was admittedly present during execution and registration - However, Will itself categorically explains why other heirs were excluded and..........
Will -- Suspicious circumstance - Medical conditions and ailments of testatrix, as alleged, have not been proved by any iota of evidence, either documentary or oral - In the absence of any material to disprove the positive corroborative evidence of propounder regarding sound mental and physical capability of testatrix to express her own free volition and will execution of..........
Will -- Suspicious circumstance - Testatrix was about 80 years old and travelled by bus and walked a little for executing the Will/having it registered - However, said fact itself does not cast any doubt on the execution of Will, since a lady of advanced years in a rural area ought not to be automatically deemed to be so physically unfit as to be unable to undertake the..........
Will -- Suspicious circumstance - Minor discrepancy in age of testatrix in the version of son-in-law/executor in his evidence, would not be so serious an issue as to cast suspicion on the execution of Will itself, as son-in-law might very well have been unaware of exact age of his mother-in-law/testatrix...........
Will -- Execution - There is ample corroborative evidence to substantiate due compliance of S.63 of Succession Act and S.68 of Evidence Act, which are the guiding principles of law in probate cases with regard to proof of valid execution of a Will - Probate rightly granted...........
Agreement to sell -- Suit for specific performance - Limitation - As per agreement time not fixed for execution of sale agreement - Limitation is thus governed by second part of Art.54 of Limitation Act - Limitation of three years starts to run when plaintiff has notice that performance has been refused...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite at appellate stage - Suit for declaration and injunction - Petitioners had knowledge of execution of sale deed before passing of the decree - However, they did not file any application for impleading them as party before trial Court - Application filed in appeal - Application rightly..........
Civil Procedure Code, 1908, Order 21, Rule 12 -- Execution - Decree for possession and mesne profits - Determination of mesne profits - Court which passes a decree for possession of land may direct an enquiry as to mesne profits both prior to institution of suit and subsequent thereto - Executing Court cannot assume a jurisdiction which is not vested with it, as executing..........
