Agreement to Sell -- Specific performance - Various admissions made by defendant - Marginal witnesses not examined to prove the execution of agreement - Scribe appeared but did not bring the register in Court in which entry of agreement was made - Both the Courts below held that agreement stands proved and is free from blemish of forgery or tampering - Suit decreed - Calls..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Suit for declaration that gift deed was illegal, null and void - Suit filed within eight days of execution of gift deed after lodging FIR - Marginal witnesses examined by donee not present when gift deed was scribed - Donee taking active role in preparation of gift deed - Plaintiff an illiterate person residing..........
Evidence Act, 1872, Section 112, Hindu Adoptions And Maintenance Act, 1956, Section 11, Will -- Proof of - Suspicious circumstances - Attester and scribe of will does not say that will was drafted to the dictation and information of executor - As per their evidence executor having understood the contents affixed his thumb impression - Deceased was suffering from asthma -..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Validity of - Defendant-appellant have examined scribe of gift deeds and attesting witnesses - All of them including appellant DW1 have stated that when he executed the document, he was of sound mind and health - Court below discussed minor discrepancies in testimony of witnesses, minor contradictions in evidence..........
Negotiable Instruments Act, 1881, Section 118 -- Recovery suit on foot of pronote and receipt executed by defendant - Plaintiff examined one attesting witness and scribe of pronote and their statements could not be impeached in cross-examination - Defendant admitted execution of pronote and receipt in written statement, but alleged that same was without consideration -..........
Will -- Execution - Proof - Two Wills - Registered Will, earlier in time, in favour of defendants - Unregistered Will, later in time, in favour of plaintiff - Will in favour of plaintiff duly proved not only by examining both the attesting witnesses but also the scribe - Whereas Will in favour of defendant not proved in accordance with law - In the later Will there is..........
Will -- Execution - Proof - Scribe of Will died and therefore another Deed Writer was examined to prove handwriting of scribe - Defendants have also examined one attesting witness of the Will i.e. Sarpanch - Held, this evidence is sufficient to prove due execution of Will - There was also sufficient justification for testator for executing Will in favour of defendants..........
Will -- Execution - Proof - Will registered - One of the attesting witness deposed that he was present when the will was being written - Scribe of the Will also examined - Held, Will validly proved...........
Will -- Execution of will - Statement of one of the attesting witnesses of the will, recorded in previous suit tendered into evidence - Scribe and Sub Registrar while appearing in the witness box stated that testator had signed/thumb marked the will in their presence and in the presence of other witnesses and they have also signed the same in their presence and in the..........
Will -- Scribe as an attesting witness - Scribe signed the Will not with an intention to attest - To hold a scribe to be an attesting witness he must have put his signatures for the purpose of attesting that he has seen the executant sign or has received from him a personal acknowledgment of his signature - If a person puts his signature on the document for some other..........
