Execution Proceedings-

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  Execution Proceedings (Ss.47, 60, 122 Or.21 Rs.11, 98 & Or.11 R.14):- Executive Proceedings-Executing court must dispose of executive proceedings within six months from date of filing which may be extended only by recording reasons in writing for such delay. This would mean that every effort should be made to dispose of execution petition within said time-limit and executing court should have reasons for not being able to dispose of execution petition. Executing court is duty-bound to record reasons in writing when it is unable to dispose of matter within six months (Bhoj Raj Garg vs Goyal Education & Welfare Society: (2025) 9 SCC-618.
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Essential Characteristics of a Will:-

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Essential Characteristics of a Will:-

1.     There must be a legal declaration;

2.     Such declaration must be with respect to the property of the testator &

3.     The declaration must be intended to operate after the death of  the testator.

Criteria for Proper Execution of Will:-

1.     The testator must have a disposing mind free from all extraneous influences with sound mental mind;

2.     The testator must have a mental capacity to make a valid will until contrary is proved;

3.     The Will should be executed in accordance with S.63 ISA read with Ss.67/68 of IEA;

4.     The onus of proof of the Will is on the propounder of the Will.

5.     If any suspicious circumstances arises,required to be removed by the propounder etc.

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