Will -- Execution - Proof - One attesting witness examined who was interested witness as he served under propounder - Other attesting witness, scribe and Advocate who drafted Will not examined - Propounder stating that she does not know other attesting witness, scribe and Advocate who drafted the Will, cannot be believed - Execution of Will not proved...........
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..........
Evidence Act, 1872, Section 101, 114 -- Burden of proof - With holding of best evidence - Adverse inference - Sale deed - Challenged in civil suit - Sale deed produced and exhibited on record - No objection raised - Contention that scribe or attesting witness of sale deed not examined, contents of sale deed and passing of consideration not proved. Held - Sale deed proved..........
Succession Act, 1925, Section 63 -- Registered Will - Proof of Execution - Mere registration of the Will does not prove its execution - Without examination of attesting witness, simply on the statement of scribe & registration clerk, execution of Will cannot be proved - Evidence Act, 1872, Sections 67 & 68...........
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..........
Will -- Execution - Proof - Testator a senior advocate - Will scribed by his junior - Scribe who is also an attesting witness deposed that he had written the will in his own hand and thereafter testator after reading and signing the Will returned the same to scribe who signed it in presence of testator and scribe thereafter handed over the Will to other attesting witness..........
Succession Act, 1925, Section 63(c) -- Evidence Act, 1872, Section 68 and 69 - Will - Proof of execution - Absence of attesting witnesses as one of the attesting witness died and other joined hands with opposite party and left for foreign country - Statement made by scribe PW, who knew the testator, relied upon to prove the registered Will under Section 69 of the Evidence..........
Will -- Execution - Proof - Testator hale and healthy and in sound state of mind at the time of execution of Will - No evidence to show exercise of any fraud or undue influence at the time of execution of Will - Will signed by attesting witnesses and scribe who were duly examined - Will duly registered - Registering Officer and identifying witnesses affixed signatures to..........
Agreement to sell -- Proof - Admitted signatures of executant found to be matching with the agreement - Agreement also proved by scribe and other witnesses - One `Kalia' Advocate also admitted his signatures on agreement but stated that he signed on the asking of his senior advocate - Fact that Kalia appeared as a counsel for the executants after witnessing the agreement..........
