Comments Off on Evidence Act, 1872, S.68–Will–Attesting Witness-In the absence of the availability of the attesting witnesses, the examination of the Sub Registrar with regard to the registered will is sufficient requirement of law
Comments Off on Will—Suspicious Circumstance—Testator was blind—It was not practically possible for a blind person to reach scribe of will all alone— Will discarded. Adverse Possession—There cannot be any adverse possession by one co-owner against another co-owner.
Comments Off on Will–Execution of–Suspicious circumstances–Attesting witness not known to her and even it was not known why she was called and who called her to attest the will is shrouded in mystery–Several cuttings and over writings were also in the will.
Comments Off on Succession Act, 1925, S.63-Will–Secondary evidence-Mutation of inheritance was sanctioned on basis of registered will—Thus existence of will has been duly proved-Requirements of S.65 of Evidence Act stood satisfied
Comments Off on Will–Execution of–Testamentary disposition of the property by way of Will takes effect from the date of the death of the testator– If, the property has already been transferred by him prior to his death, that can never be the subject matter of the Will.
Comments Off on Will—Execution of—Mere production of the indexes of the register of the Sub Registrar will not prove the execution of the will.Adverse Possession—Mere possession for howsoever length of time does not result in converting the permissive possession into adverse possession or abandonment of title.