The Proof of Valid Wills V

Posted on by Rudrajyoti Nath Ray

The presumption under Section 90 of The Evidence Act, 1872 is inapplicable when it comes to proof of Wills which have to be proved in terms of Sections 63(c) of The Succession Act, 1925 and Section 68 of The Evidence Act, 1872 [M.B. Ramesh v. K.M. Veeraje Urs, (2013) 7 SCC 490]. There are often situations when Wills which otherwise may have satisfied requirements of being attested, as provided by law, cannot be proved in terms of said two provisions. Section 69 [Babu Singh v. Ram Sahai, (2008) 14 SCC 754; K. Laxmanan v. Thekkayil Padmini, (2009) 1 SCC 354; V. Kalyanaswamy v. L. Bakhtavatsalam, Civil Appeal No. 1021-26 of 2013, decided on 17.07.2020] and Section 71 of The Evidence Act, 1872 then come to aid.

In present case, Will was duly executed.

– Hon’ble Justice S. Ravindra Bhat, Ashutosh Samanta v. Ranjan Bala Dasi, [Civil Appeal No. 7775 of 2021].

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