Evidence Act, 1872, Section 68, 71 -- Proof of execution of Will - Registered Will - One of attesting witness expired - Other attesting witness, Deed Writer & Sub-Registrar examined to prove execution of Will - Attesting witness denied putting of thumb-impression by testator & other witnesses in his presence - Evidence of attesting witness found to be fluctuating and not..........
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- WILL - Proof of execution - Requirements - Propounder of Will has not only to prove Will strictly in terms of statutory requirement of provisions u/s 63 but also has to dispell all suspicious circumstances surrounding the execution of Will - Mere compliance of legal formalities regarding proof of Will in..........
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Manner of proof of Execution of Will - Mechanical reproduction of words u/s 63 is not the requirement which is to be complied before the execution of Will can be said to be proved - Statement of witnesses sufficient proof of due execution of Will...........
Succession Act, 1925, Section 276, 278, Evidence Act, 1872, Section 68 -- Will - Subsequent Will - Where an earlier Will stands superseded by a later Will, no probate of earlier Will can be granted - Such probate petition is barred - Only the latest Will prevails as last testament of the deceased...........
Succession Act, 1925, Section 276, 213(1), Evidence Act, 1872, Section 13, 68 -- Will - Subsequent Will - Probate - Probate Court alone has jurisdiction to adjudicate upon the validity of the Will - Civil Court has no such jurisdiction even if consented to by the parties - Findings of civil Court will not operate as res judicata in probate proceedings - However, where a..........
Evidence Act, 1872, Section 68 -- Attesting witness - When sole attesting witness who is alive and aged gave evidence evasively and purposely against the attestation, other evidence can be adduced to prove execution of the document...........
Succession Act, 1925, Section 63(c), Evidence Act, 1872, Section 68, 101, 102, 103, 104 -- Will - Execution - Proof - Burden is on propounder of Will to prove that instrument propounded is last Will of free and capable testatrix - When propounder leads evidence of attesting witnesses to show that Will bears signature or mark of testatrix, he can be said to have discharged..........
Evidence Act, 1872, Section 68 -- Registered document - A document by law required to be attested is required to be proved in accordance with S.68 of Evidence Act - Mere registration does not dispense with the need of proving execution and attestation...........
Evidence Act, 1872, Section 68, Registration Act, 1908, Section 58 -- Endorsements made at the time of registration are relevant to the matters of registration only - On account of registration of a document presumption as to correctness or regularity of attestation cannot be drawn...........
Evidence Act, 1872, Section 68 -- Registered document - Proof - Registrar as a witness - When Registrar of Deeds satisfies the requirements of an attesting witness he must be called in the witness box to depose to the attestation - Evidence of Registrar is to be appreciated and evaluated like the testimony of any other attesting witness...........
