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 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..........
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..........
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Act, 1925, Section 276, 278, Evidence Act, 1872, Section 68 -- Will - Subsequent Will - Where an earlier Will stands superseded by a later Will, no probate of earlier Will can be granted - Such probate petition is barred - Only the latest Will prevails as last testament of the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 -- 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)..........
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...........
