https://www.taxtmi.com/caselaws?id=199789 A challenge to a trust transfer deed was not defeated by alleged defects in pleading, valuation or the form of the prayer where the plaint clearly averred that the document was not executed by the deceased and was fabricated; the relief was gathered from the factual pleadings, and a third-party challenger was not required to plead fraud particulars with the same degree of specificity as a direct claimant. The deed was also not accepted as duly proved because suspicious circumstances remained unresolved, the best available witnesses were not examined, and the propounder failed to dispel doubts about due execution and free consent. The result was that the plaintiff's challenge was upheld. en-us Tue, 20 Jan 1987 00:00:00 +0530 Tue, 13 Mar 2018 10:04:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199789 A challenge to a trust transfer deed was not defeated by alleged defects in pleading, valuation or the form of the prayer where the plaint clearly averred that the document was not executed by the deceased and was fabricated; the relief was gathered from the factual pleadings, and a third-party challenger was not required to plead fraud particulars with the same degree of specificity as a direct claimant. The deed was also not accepted as duly proved because suspicious circumstances remained unresolved, the best available witnesses were not examined, and the propounder failed to dispel doubts about due execution and free consent. The result was that the plaintiff's challenge was upheld. Case-Laws Indian Laws Tue, 20 Jan 1987 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199789