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..........
Evidence Act, 1872, Section 68, 71 -- Will - Attestation - When both the witnesses turned hostile by denying due attestation, propounder who is bound to prove the Will in accordance with the mandate u/s 68 of the Act, would stand reverted back to the normal rule of proof of a document in contrast with the requirement of S.68 of the Act for which legislature has..........
Evidence Act, 1872, Section 68 -- Registered sale deed - Execution - Proof of - Execution of document never questioned or objected by its executor - Defendants being stranger or third party to sale deed, has no right to question the authenticity of its due execution and attestation...........
Evidence Act, 1872, Section 68, 69 -- Proof of a document required by law to be attested when both the attesting witnesses are dead - Evidence is required to be led that signatures on document which requires to be attested by one or more witnesses are that of the executant with further proof that there is attestation in his handwriting by one attesting witness...........
Evidence Act, 1872, Section 68 -- Sale deed - Proof - Sale deed is not required to be attested under law - Parameters that are relevant for attestation of a document cannot be applied to in the context of proof of a document, which is not required in law to be attested - Once the registration of a document and execution thereof by the executant are not disputed, the..........
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Will - Execution of - Proof - DW1 categorically deposed that Will was executed by testator in his presence and also in presence of another attesting witness - Both of them have subscribed their signatures after witnessing execution by testator who also witnessed their attestation - Held, Will has been..........
Evidence Act, 1872, Section 68 -- Attestation - Knowledge of contents of a document - Proposition that an attestor is not ordinarily presumed to know the contents of the instrument cannot be rigidly applied to all situations - If attestor is a close relative of a party to a transaction, he cannot show ignorance to the contents of the document...........
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Will - Execution of - Proof - Suspicious circumstances - Proof of attestation of Will is a mandatory requirement - Mode and manner of proof of due execution will depend upon the facts and circumstances of each case - It is for the propounder of the Will to remove the suspicious circumstances - No evidence..........
Evidence Act, 1872, Section 68, 69 -- Will - Proof cf execution - Neither the scribe nor any of the attesting witness examined by the defendants to prove the Will as per requirement of Section 68 of the Evidence Act - None of the attesting witness of the will alive - The Will could have been proved as per the requirement of Section 69 of the Evidence Act in which the..........
Evidence Act, 1872, Section 68 -- Succession Act, 1925, Section 63(c) - Attesting witnesses - Will - One attesting witness examined - He has failed to make a statement that the testator has thumb marked the Will in his presence and in the presence of other attesting witnesses - Held that Will has not been proved by the attesting witnesses as contemplated by Section 63(c)..........
