AI Overview...
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Proof of a Registered Will - The registered Will is considered duly proved when supported by credible testimony of witnesses such as the scribe and marginal witnesses. The court assesses whether the Will was properly executed and genuine. In the cited case, the registered Will was proved with the testimony of witnesses, and it was distinguished from un-registered Wills lacking such proof. Dalip Kaur VS Gurdial Kaur Marro - Punjab and Haryana
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Validity of Registered Documents (e.g., Deeds, Cancellation of Will) - The execution and cancellation of registered deeds, including wills and gift deeds, require proof through registered documents and witnesses. For example, the cancellation of a Will was proved by the registered cancellation deed and witnesses. Similarly, a registered gift deed was proved by the registered document and evidence of its execution. Chand Ram VS Rajinder Parshad - Punjab and Haryana, LOKNATH BHATTACHARYA MANAGING DIRECTOIR VS STATE OF GUJARAT - Gujarat, Subhadra, W/o. Murugesan VS Jayanthi, W/o. Late P. Rukmangathan - Karnataka
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Ownership and Transfer of Registered Property - The actual owner can differ from the registered owner. Proof of transfer or ownership change involves establishing the registered transfer deed and demonstrating that the registered owner transferred ownership. Courts recognize that if ownership transfer is proved through registration and supporting evidence, the registered owner may not be liable for torts or liabilities related to the property. KUNJURAMAN VS SARAMMA - Kerala, Sumathy VS Raghavan - Kerala
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Evidence in Disputes Involving Registered Documents - The authenticity and execution of registered documents can be proved through witnesses, registration records, and supporting evidence like receipts or dispatch registers. For instance, registered postal records and dispatch registers were used to prove communication in insurance claims. National Insurance Company Ltd. VS Naresh Kumar - Himachal Pradesh
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Mutual Mistake in Registered Deeds - Mutual mistakes in registered mortgage deeds can be proved by oral evidence, especially regarding the description of property. Courts recognize that errors in registration descriptions may be rectified if mutual mistake is established through evidence. Kota China Mellayya VS Kannekanti Veeriah - Madras
Analysis and Conclusion:
Proving a registered will or other registered documents generally requires credible witnesses, proper execution, and adherence to registration formalities. The court emphasizes the importance of registration as a proof of validity but also considers oral testimony and supporting evidence to establish authenticity, execution, and any modifications or cancellations. The distinction between registered and un-registered documents is crucial, with registered documents carrying presumptive validity but still subject to proof of proper execution and authenticity.
Search Results for "How a Registered will how a Registered will is Proved"
1986 0 Supreme(Ker) 152 • India - Kerala
PARIPOORNAN, THOMAS
owner, and if it is proved that the registered owner has transferred the ownership to a different person, the tortious liability ... Ratio Decidendi: The court held that the actual owner can be different from the registered owner, and if it is proved that ... In such cases, the registered owner cannot be made liable. ... We are therefore fortified in taking the view that the actual owner can be different from the registered owner, and if it is proved that the #HL_STA....
1999 0 Supreme(MP) 63 • India - Madhya Pradesh
V.K.AGARWAL
filed in first appellate Court -- partnership proved to be duly registered. ... also revealing transactions -- amount due proved. ... ... (2) Partnership Act, 1932 -- S. 69 -- entry of registered partnership
1996 0 Supreme(Ker) 385 • India - Kerala
K.G.BALAKRISHNAN, B.N.PATNAIK
The actual owner can be different from the registered owner and if it is proved that the registered owner has transferred the ownership ... Vehicles Act, 1939 - The liability to pay compensation in accident cases is that of the transferee owner of the vehicle if the registered ... The ownership of the vehicles continues to be that of the person in whose favour it stands registered until the change of ownership ... The actual owner can be different from the registered owner and if it is....
2010 0 Supreme(Pat) 1179 • India - Patna
MUNGESHWAR SAHOO
kabuliyat-Rent receipts and registered kabuliyat were proved in the suit-At the time of vesting of Zamindari, return filed in the ... suit-Declaration of title over the suit land also sought for-Plaintiffs claiming the suit property as ancestral property obtained through registered ... The rent receipts and the registered kabuliyat deeds were proved in the court below. ... W.4, Ram Rup Ram, is a formal witness and has proved the two registered kabuliyat which have bee....
1997 0 Supreme(P&H) 1524 • India - Punjab and Haryana
S.R.BUNGER
that the registered Will was duly proved. ... Whether the un-registered Will was genuine and valid. 2. Whether the registered Will was duly proved. Ratio Decidendi: 1. ... The registered Will, on the other hand, was duly proved with the testimony of the marginal witnesses and the scribe. ... But, the proved facts are otherwise; and, there is no reference at all in the un-registered Will about the earlier registered....
2009 0 Supreme(P&H) 1334 • India - Punjab and Haryana
SHAM SUNDER
Will--Execution of registered cancellation deed of Will was proved by Head Registration Clerk and one of marginal witnesses of cancellation ... nbsp;(B) Succession Act, 1925--Will--Cancellation of--Ownership--Will executed by C in favour of plaintiffs cancelled by way of registered ... after him and because of services rendered by him he bequeathed his property in his favour--Requirements of valid adoption not proved ... The execution of this registered cancellation deed of the Will, was prove....
2009 0 Supreme(Guj) 48 • India - Gujarat
ANANT S.DAVE
under the provisions of the Companies Act, and having its Registered Office - Held, It is proved and, therefore, when at the threshold ... No.1 is the Managing Director and the petitioner No.2 is Director of Shalimar Chemical Works Ltd., which is a limited company, registered ... It is the case of the petitioners that the petitioners herein are directors viz. petitioner No.1 is the Managing Director and the petitioner No.2 is Director of Shalimar Chemical Works Ltd., which is a limited company, registered under the provi....
2007 0 Supreme(HP) 472 • India - Himachal Pradesh
DEEPAK GUPTA
AD post and Insurance Company has proved on record extract of dispatch register (RW- 3/E) which shows that registered AD letter ... date copy of said letter was sent by ordinary post to Registration & Licensing Authority – Held, Insurance Company had sent by registered ... consideration of the cheque - Cheque was sent for encashment by Insurance Company and was dishonoured vide letter - Letter was sent by registered ... The letter was sent by registered AD post and the Insurance Company has pr....
2022 0 Supreme(Kar) 1409 • India - Karnataka
ASHOK S. KINAGI
However, the defendant proved that her father executed a registered gift deed out of love and affection in her favor, making her ... However, the defendant proved that her father executed a registered gift deed out of love and affection in her favor, making her ... The court also found that the plaintiffs failed to prove that the defendant obtained the registered gift deed by practicing fraud ... The Trial Court has failed to consider the evidence of DW-1 and DW-2 and wrongly recorded ....
1915 0 Supreme(Mad) 568 • India - Madras
NAPIER, S.AIYAR
Ratio Decidendi: The court held that a mutual mistake in a registered mortgage-deed can be proved by oral evidence and the ... : The court found that a mutual mistake was made in describing a piece of land in a registered mortgage-deed. ... Mutual Mistake - Registered Mortgage-Deed - Oral Evidence - Construction of Deed - Rights of Third Persons Fact of the Case ... We are of opinion that a mutual mistake made in describing a piece of land in a registered mortgage-deed can be proved ....
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