Will -- Suspicious circumstance - Difference in signatures of testator on Will and partition deed - Signatures on Will was done in the presence of attesting witness and Sub-Registrar - Even otherwise, since there is a significant difference of time in signing partition deed and Will deed and by passage of time signature of a person changes, signatures on Will, cannot be..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed - Where donor has executed gift deed in favour of donee voluntarily, transferring absolute title and possession of gift property without reserving her any right in suit property and donee has accepted the same, cancellation of gift deed unilaterally by donor is non-est under..........
Stamp Act, 1899, Article 46, 49 -- Release deed - Entered into among family members - Release of rights would only result in enlargement of intent held by co-owners or joint owners and admittedly no third party has joined said document - Release deed cannot be considered as `conveyance of sale' - Impugned notice demanding deficit stamp duty set aside...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Second mortgage deed was not proved in accordance with provisions of Evidence Act - No entry in revenue record regarding alleged second mortgage - There were multiple litigations between parties thus, no plausible reason for plaintiff to mortgage the land with defendant - Nothing on record to prove that..........
Indian Contract Act, 1872, Section 55 -- Time essence of contract - In a contract of sale of immovable property, if time is specified for payment of sale price but not regard to execution of sale deed, time will become essence of contract only with reference to payment of sale price but not with regard to execution of sale deed...........
Agreement to sell -- Specific performance - Time essence of contract - Time limit of four months fixed to perform the part of contract by both parties - Material on record clearly goes to show that within four months of stipulated time, plaintiff got issued legal notices to defendants 1 and 2 and said notices were returned with postal endorsements - However, defendants 1..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Certified copy of registered Will and certified copy of orders passed by joint Collector - Defendant admitted the matter of implementation of Will Deed went upto Joint Collector in Revision proceedings under ROR Act and Joint Collector after hearing both sides directed plaintiff to get his rights decided by Civil..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registration - Adoption can be by way of a registered deed or even without it - However, an act of giving and taking in adoption has to be performed by both the parties namely, biological parents and the adoptive parents...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed Adoption which has already been done by way of a customary method or by any such give and take, may be reduced in writing subsequently and adoption deed may thereafter be registered...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Once an adoption deed is registered, it would be presumed that a valid adoption has taken place with right of rebuttal...........
