Will -- Execution - Proof - Onus of proving Will is on the propounder and in the absence of suspicious circumstances surrounding the execution of the will, proof of testamentary capacity and proof of the signature of the testator, as required by law, is sufficient to discharge the onus - However, when there are suspicious circumstances, the onus is on the propounder to..........
Agreement to sell -- Vague - Date of execution of sale deed not mentioned in agreement - Held, Courts blow rightly declined to pass a decree of specific performance...........
Specific Relief Act, 1963, Section 12 -- Part performance - Some of the vendors minor at the time of execution of agreement to sell - Share of major and minor could not be segregated as in the agreement it is not mentioned what are the khasra numbers owned by major and minors - Held, agreement cannot be specifically enforced as it cannot be segregated...........
Agreement to sell -- Suit for specific performance - Minors - Respondent Nos.6 to 8 were minors at the time of execution of agreement to sell - Held, agreement cannot be enforced against the minors...........
Specific Relief Act, 1963, Section 28(1) -- Specific performance - Rescission of agreement - Execution of decree - Delay of nine years - Agreement dated 16.08.1980 to lease of Trust property - The suit for specific performance decreed on 28.07.1985 - Application moved by Trustees on 03.10.1994 u/S.28(1) inter alia alleging decree dated 28.07.1985 was collusive - Plea of..........
Will -- Proof - Two Wills executed - Time gap about 40 days between death of testator and execution of first will - Propounders of both wills taking active part in execution of Will - Shaky signatures of testator on both wills - Testator was suffering from paralysis and his health condition was bad at that time - Feeble mind could be presumed in view of health condition of..........
Limitation Act, 1963, Section 5, Article 127, Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Petition to be filed within 60 days - S.5 of Limitation Act does not apply to execution proceedings - Petition filed after 60 days is not maintainable...........
Limitation Act, 1963, Section 5 -- Section 5 of the Limitation Act does not apply to execution proceedings...........
Civil Procedure Code, 1908, Section 47, 2(2), Order 21, Rule 32 -- Execution - Objections - Determination of - Does not amount to decree - No appeal lies from such an order - Order of District Judge entertaining such appeal and holding that decree is not executable reversed - Executing Court to proceed with execution...........
Will -- Suspicious circumstances - Depriving widow of pre deceased son - Daughter-in-law not living with testator - It is natural that daughter-in-law or daughter who is not living with parents can be deprived from his estate - Moreover, agriculturist families of this part of the country believe in keeping the property in their families only - Once the execution of Will is..........
