Will -- Suspicious circumstances - Non-examination of doctor - In absence of examination of doctor, it cannot be said that executant is not proved to be mentally alert at time when alleged Will and general power of attorney was executed and registered...........
Will -- Suspicious circumstances - Execution and registration of Will and general power of attorney on the same day does not give rise to any suspicious circumstances sufficient to ignore a registered Will...........
Indian Contract Act, 1872, Section 17 -- Fraud and misrepresentation - Suit for declaration of ownership and declaring sale deeds as null and void - Execution of two power of attorneys in favour of defendant by plaintiffs only for purpose of contesting earlier litigation - Even DW1 admitted said fact - Once defendants themselves acknowledged and admitted power of attorney..........
Agreement to sell -- Specific performance - Agreement for sale entered into by plaintiff through her son/power of attorney - Defendants could accept the sale consideration but they disputed the authority of power of attorney - Power of attorney appeared in office of Sub Registrar for execution of sale deed but defendants did not turned up - Date of execution of sale as..........
Registration Act, 1908, Section 17 -- Power of attorney - Registration - There is no prohibition for registration of General Power of Attorney which is not for any consideration and does not purport to create any interest in the property in favour of the constituted attorney...........
Registration Act, 1908, Section 17 -- Power of attorney - Registration - Parties cannot be permitted to register General Power of Attorney as a camouflage for sale of immovable property - Thus it is important to ascertain whether document sought to be registered purports to create any interest in the property in favour of the person appointed as a constituted attorney...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Authorisation to file complaint - Photocopy of general power of attorney in favour of CW1 depicts that he was authorised to institute suits, to appear and to take action on behalf of complainant along with all authorization - Said power of attorney is prior to filing of complaint - Thus merely because..........
Criminal Procedure Code, 1973, Section 311 -- Production of documents - Three sale deeds and documents of competency to execute these documents i.e. General Power of Attorney and Special Power of Attorney sought to be produced - Trial Court committed error in not appreciating interlinking between these documents - Even though Civil Court has passed a decree in favour of..........
Registration Act, 1908, Section 17(1)(g), 33(1)(c) -- Registration - Power of attorney relating to transfer of immovable property is compulsorily registrable as per S.17(1)(g) of the Act - Provision contained in S.33(1)(c) of the Act cannot be pressed into service, as special provision contained in S.17(1)(g) of the Act will override general provision contemplated for..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Suit for declaration - General Power of Attorney Holder (GPA Holder) - Defendant contended that GPA Holder of plaintiff had no personal knowledge of material facts - However, GPA Holder who deposed as PW1 has personal knowledge of material facts of the case - Moreover, this contention is loosely taken in first Appeal and..........
