defendants was that Arjan
Singh had executed a valid registered Will dated 7.5.1969 in favour of the
contesting defendants and other legal heirs. Land ... Kalan was
transferred to Sohan Singh defendant through a gift deed. Execution of Will
dated 17.8.1972 was denied. It was pleaded case of the defendants
both the
appeals has submitted that the execution of the gift deeds and registered
Will on the same day i.e. on 23.01.1980 in favour ... gift deeds is against the record.
First contention of the learned counsel that the execution of the
gift deeds and registered Will on the same
sale deed. It is
agreed that the sale deed will be executed by 30.10.1990. If as
agreed, we will not get the sale deeds registered ... deeds, the commission of
Kuldip Singh will be paid according to the amount of the sale
deed executed. The successors of both the parties will
deed and purchaser will be entitled to get the
fencing done at his expenses.
x. Purchaser will have the right to get the sale deed ... sale
price but not in regard to the execution of the sale deed, time will
become the essence only with reference to payment of sale
deed and purchaser will be entitled to get the
fencing done at his expenses.
x. Purchaser will have the right to get the sale deed ... sale
price but not in regard to the execution of the sale deed, time will
become the essence only with reference to payment of sale
Presence of propounder of the will, i.e., respondent
-plaintiff at the time of execution of Will.
(ii) Will was executed in favour of Mahender ... whether beneficiary of the Will has taken active part in the execution of the
Will or not. PW9 Kedar Nath, Deed Writer, has deposed
thumb impression, and
execution of the Will was disputed by claiming that she executed Will and three
sale deeds in favour of the defendant ... claim made by the defendants relating to the
valid execution of Will and sale deeds is not proved.
Resultantly, in view of the above discussion
that plaintiffs were well
within the knowledge about execution of Will and as well
as sale deed right from the beginning but plaintiffs have
failed ... Jagir Singh and Jeet Ram accompanied him to the
Deed Writer for execution of the Will and, therefore, there presence
was duly explained by them
sale deed. The
respondent-plaintiff always remained ready and willing for execution of the
sale deed. Vide registered notice dated 22.11.2005, defendant ... plaintiff always
remained ready and willing to perform its part of the agreement namely
execution of the sale deed on payment of balance sale consideration
gift deed and admitting its execution. It was denied that Jasbir Kaur was
physically and mentally unfit to execute gift deed and Will in question ... thus led sufficient evidence to prove due
execution of gift deed and Will in question by Jasbir Kaur in his favour.
There is overwhelming credible
