Will -- Onus to prove Will is on propounder of Will and in absence of suspicious circumstances surrounding execution of Will, proof of testamentary capacity and proof of signature of testator, as required by law, need be sufficient to discharge onus...........
Will -- Proof - Due execution of Will proved on record - Plaintiff not produced any evidence as to suspicious circumstances nor any explanation given that Will does not bear signatures of testator - Will duly proved...........
Civil Procedure Code, 1908, Section 100, 99 -- Second appeal - Suit for specific performance - Concurrent findings of both the Courts below regarding no, execution of agreement of sale, which was basis of suit is on record - Substantial question of law whether said agreement is admissible or inadmissible in evidence becomes irrelevant and will not affect the merits and..........
Agreement to sell -- Execution - Defendant put up four thumb impressions on agreement to sell - One of thumb impression is on a revenue stamp paper - Normally this thumb impression is put at the time when amount is being received - Contention of defendant that he handed over some papers to one person on which agreement to sell has been forged rejected...........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Stamp duty has to be calculated by Stamp Authorities u/s 47-A of the Act by determining status of property as it executed on date of execution of deed...........
Will -- Execution - Testatrix was suffering with high fever and was in semi conscious condition and she was unable to speak on the day of execution of Will - Execution of Will in sound and disposing state of mind, is somewhat unbelievable...........
Will -- Execution - Plaintiff failed to prove testatrix to be in sounding disposing state of mind - Shifting of onus of proof on defendant to establish fraud and deception played by husband of plaintiff on testatrix in execution of Will does not arise...........
Civil Procedure Code, 1908, Section 39(4) -- Execution - Transfer of decree - Property of JD situated outside jurisdiction of Court which passed decree - Execution petition transferred to competent Court situated in U.P for further proceedings - Court deems it appropriate to issue a transfer certificate in favour of DH transferring the present petition to competent Court..........
Will -- Suspicious circumstances - Presence of beneficiary at the time of execution of Will - Not a suspicious circumstances in the absence of evidence on record which would prove ancillary circumstances influencing the testator...........
Will -- Execution - Proof - Marginal witness of Will not examined by plaintiff to prove veracity and authenticity of Will - Plaintiff thus, failed to prove execution of Will in his favour - Will held, discarded...........
