Will -- Proof - Identification of signature is not necessary to prove a document, as required u/s 69 of Evidence Act - Identification of signature is necessary only if document is not signed in presence of the witness - In a case, where document has been executed in presence of a witness, it is not necessary for him to say that he identifies the signature - It is..........
Agreement to sell -- Suit for specific performance - Agreement bearing signature of the father of the plaintiff - Doctrine of lack of mutuality - Fact that the plaintiff has come forward and sought specific performance would imply that plaintiff had duly authorised his father to enter into the agreement - Doctrine of lack of mutuality has now almost been given a go by - No..........
Will -- Suspicious circumstances - May be as to the genuineness of the signature of the testator, condition of testator's mind, disposition made in the Will being unnatural, improbable or unfair in the light of relevant circumstances or there may be other indications in the Will to show that testators mind was not free - If the propounder himself takes part in the..........
Will -- Registered - Registration certification is a relevant piece of evidence for proving execution of will - The registration of a document is a solemn act to be performed in the presence of competent official appointed to act as Registrar, whose duty it is to attend to the parties during the registration and see that proper persons are present, are competent to act,..........
Will -- Suspicious circumstances - Testator patient of Intermittent coma and he died the next day of execution of Will - An attesting witness not able to identify photograph of the testator - Document expert produced by respondents deposed that signature on Will did not tally with standard signature of deceased - Will was not signed by deceased and its authenticity has not..........
Stamp -- Verification of date of stamp - Case of defendant that pronote and receipt are forged and do not bear his signature - signature of person who executed pronote and receipt appended on the stamp itself - Signature having been denied, it would be left to hand writing expert to find out whether these were of defendant or not and for that purpose it is wholly..........
Will -- Revocation - For a Will to be revoked, the destruction must be total destruction similar to burning or tearing - Symbolic destruction like writing the word `Cancelled' over the signature is not sufficient.(Succession Act, 1925.S.70)..........
Will -- Suspicious circumstances - It may be a shaky signature, a feeble mind and unfair and unjust disposal of property or the propounder himself taking a leading part in the execution of Will under which he receives a substantial benefit...........
Will -- Suspicious circumstances - Different ink in body and the date appearing under the writers signature - Date put at the end of contents also in different ink and blank space was kept for filling up the date - Both dates appearing to be interpolations - The legal colour which the transaction was given was of family settlement - Nothing at all in the document inspires..........
Evidence Act, 1872, Section 45 -- Experts evidence - Court may accept only when it is satisfied by examining disputed signature itself...........
