Will -- Two Wills - Later Will registered - Suit decreed on the basis of unregistered Will - Upset by first appellate Court by holding that Will is not scribed by a professional though professional scribe was easily available and it was left unregistered though testator being an educated person fully knew the value and importance of registration of a document and testator..........
Will -- Scribe - Attesting witness - Scribe of Will can be an attesting witness only if apart from having seen the document executed and having put his signature on the document in the presence of testator, he also signed the document as a witness - Scribe can be branded as attesting witness only if he intends to sign the document as an attesting witness...........
Will -- Execution- Proof - Mere identification of the signatures of executant or attestor or scribe by witness is not proof of due execution or valid attestation of Will - The ingredients of the attesting witnesses are the executant signing the document and the attestors signing as witnesses in the presence of the executant or on the receipt of personal acknowledgment by..........
Agreement to sell -- Suit for specific performance - Signature of executant only on revenue stamp and no part of signatures touching paper on which agreement executed - It is a strong circumstance to hold that revenue stamp is used by removing the same from other document or affixed later on the said document - Name of scribe not disclosed in the document - No explanation..........
Will -- Suspicious Circumstances - Unregistered will in favour of Gurudwara, recorded in proceeding books of Gram Panchayat - Will discarded being surrounded by suspicious circumstances - (i) Thumb impression on Will not tallying with standard signature, (ii) No explanation as to why Will executed in proceeding book of Gram Panchayat when such Will has nothing to do with..........
Will -- 30 years - Presumption u/s 90 Evidence Act - Execution of Will disputed - Availability of presumption u/s 90 Evidence Act not pleaded - When Will is disputed right from the initiation of the suit then it was incumbent on the defendant to speak in minimum words about the availability of presumption so as to caution the other party about his responsibility to rebut..........
Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 61 -- Contents of a document - Proof - Sale deed - Scribe or attesting witness not examined - Sale deed marked exhibit without objection - Held, once a document is exhibited on record and marked as such, the contents thereof would stand proved...........
Transfer of Property Act, 1882, Section 54, 5, Registration Act, 1908, Section 60, Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 61 -- Sale deed - Consideration - Proof - Scribe or attesting witness not examined - Sale deed exhibited without objection - Held, once the document is exhibited on record and marked as such, the contents thereof would..........
Will -- Registration - Mere registration of a document does not prove its execution - Scribe and registration clerk did not know witnesses or testator personally - Will not duly proved...........
Evidence Act, 1872, Section 68, 69 -- Will - Proof cf execution - Neither the scribe nor any of the attesting witness examined by the defendants to prove the Will as per requirement of Section 68 of the Evidence Act - None of the attesting witness of the will alive - The Will could have been proved as per the requirement of Section 69 of the Evidence Act in which the..........
