Evidence Act, 1872, Section 90 -- Provision of S.90 of Evidence Act applicable to documents more than 30 years old does not apply to a Will as a Will is required to be proved by strict compliance with statutory provisions governing its execution and attestation...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Applicability of provisions of J&K Agrarian Reformers Act - Issue that falls for determination is as to whether defendant is entitled to resume suit land on the basis that mutation u/s 7 of J&K Agrarian Reformers Act stands attested in his favour way back in the year 1987 - Plaintiffs are resisting..........
Will -- Attestation - Testimony of PW2/attesting witness that he does not know the person who drafted Will does not cast doubt on its validity, as he confirmed two crucial legal requirements i.e: that testator was of sound disposing mind; and (ii) that execution was voluntary - This testimony directly supports due execution of Will...........
Agreement to sell -- One attesting witness - S.10 of Contract Act nowhere mandates attestation by any specific number of witnesses - As per S.10 Contract Act, presence of witnesses does not affect validity of a contract unless expressly required by stature under which agreement has been executed. (Contract Act, 1872, S.10)..........
Evidence Act, 1872, Section 68, 69 -- Will - Attestation - If a document is required by law to be attested then it shall not be used as evidence until one attesting witness has been examined before Court for proving its execution if he is alive and capable of giving evidence - However, where no attesting witness can be found, then propounder of Will is bound to prove the..........
Will -- Attestation - Propounder of Will is not obligated to examine both attesting witnesses and testimony of one attesting witness if it meets statutory requirements and withstands judicial scrutiny is adequate to discharge burden of proof in law...........
Will -- Attestation - While scribe is not considered an attesting witness unless he signs Will with intention to attest it, his statement still provides important supporting evidence...........
Will -- Due execution - Attesting witnesses have proved its due execution - There is no evidence to suggest that any fraud was played in its execution - If a Will appears on the face of it to have been duly executed and attested in accordance with the requirements of statute, a presumption of its due execution and attestation applies - Deposition of witnesses that..........
Evidence Act, 1872, Section 67 -- Will - Attestation - Benefit given to attesting witness - Merely because a benefit is given either by way of a bequest or by way of appointment to any attesting witness, Will shall not be deemed to be insufficiently attested, but bequest or appointment shall be void so far as it relates to attesting witness or wife or husband of such..........
Evidence Act, 1872, Section 67 -- Will - Attestation - Will executed in favour of defendant No.1 - Wife of defendant No.1 is attesting witness to Will - Hence in view of S.67 of the Act, such bequest in favour of defendant No.1 is void - Nevertheless, it would not affect the validity of Will - But sole bequest made in Will is in favour of defendant No.1 and hence entire..........
