Will -- Role of attesting witness in execution of Will - Not required to have knowledge of contents of Will - Attesting witness is a witness of the fact that testator has signed or thumb marked the will in his presence - No provision of law under which attesting witness must have knowledge about contents of will - Lack of knowledge of contents of will of the attesting..........
Will -- Sound state of mind - Proof - Two independent witnesses examined viz. Advocate who drafted Will and assisted testator in registration of same and one of attesting witnesses - Evidence not challenged - Will duly proved...........
Succession Act, 1925, Section 63, 68 -- Will - Attesting witnesses - Will attested by two witnesses, one of the attesting witness also scribed the Will - No requirement in law that a scribe cannot be an attesting witness - For attestation, intention to attest is required - Requirement of attestation of Will by two witnesses in the presence of testator fully met...........
Will -- Scribe of Will also one of the attesting witness - No bar in law that a scribe cannot be an attesting witness...........
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Will - Execution and proof - Testator a Senior Lawyer - Will scribed by his junior, who is also one of the attesting witnesses - Both the attesting witnesses fully supported the Will by stating all the necessary facts - Nothing abnormal or unnatural in the Will - Signature of the testator on the Will not..........
Will -- Attesting witness - Close relative - Law does not prohibit a close relatives from being an attesting witness to Will...........
Succession Act, 1925, Section 63 -- Registered Will - Proof of Execution - Mere registration of the Will does not prove its execution - Without examination of attesting witness, simply on the statement of scribe & registration clerk, execution of Will cannot be proved - Evidence Act, 1872, Sections 67 & 68...........
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..........
Will -- Scribe - Can also be one of the attesting witnesses of Will...........
Will -- Execution - Proof - Testator a senior advocate - Will scribed by his junior - Scribe who is also an attesting witness deposed that he had written the will in his own hand and thereafter testator after reading and signing the Will returned the same to scribe who signed it in presence of testator and scribe thereafter handed over the Will to other attesting witness..........
