Propounder of the Will alone is examined and none of the other Attesting witnesses of Ex.A.9-Will have come forward to depose before ... Plaintiff who is the beneficiary under Ex.A.9 Will is the Attesting witness to the said document.
(c) In the light of the above
respondent has
not proved the execution of same by calling the
attesting witness as contemplated under Section 68
of Indian Evidence Act whether the Courts ... prove the execution of Ex.A1 by calling upon the
attesting witness as contemplated under Section 68 of the Indian
Evidence Act. However
correct in disbelieving the execution of
the Will?
2) When the attesting witnesses are dead and
the scribe of the Will who was present ... execution of the Will by
the testator in the presence of the attesting witnesses
and also attestation of the attesting witness in the
presence
been proved in the
manner known to law by examining the attesting witness who deposed
as D.W.2, since the initial burden has been ... judis.nic.in
7
counsel for the respondents also contended that only attesting witness
examined by the defendants as an interested witness
same was also
proved by cogent evidence on examining both
attesting witnesses, whether the lower appellate Court
erred in law in reversing the finding ... lower appellate
Court that P.W.2 and P.W.3 two attesting witnesses,
had stated in their evidence that the testator
same was also
proved by cogent evidence on examining both
attesting witnesses, whether the lower appellate Court
erred in law in reversing the finding ... lower appellate
Court that P.W.2 and P.W.3 two attesting witnesses,
had stated in their evidence that the testator
said reason, he could not object the same.
Ex.B.14 was attested by D.W.3 who at that time attained majority ... SUNDARARJAN
AND OTHERS , also held as follows:-
“When the Will was attested by more than
five persons, all from out of the village of Devanur
receives
benefit under such document – Sale deed in
instant case attested by two witnesses who ever
according to executants had been helping them –
Defence witness ... clearly establishing that
attesting witnesses read over documents and
explained contents to executants before
executing same – Defendant had discharged his
duty and plaintiff failed
receives
benefit under such document – Sale deed in
instant case attested by two witnesses who ever
according to executants had been helping them –
Defence witness ... clearly establishing that
http://www.judis.nic.in
12
attesting witnesses read over documents and
explained contents to executants before
executing same – Defendant had discharged
receives
benefit under such document – Sale deed in
instant case attested by two witnesses who ever
according to executants had been helping them –
Defence witness ... clearly establishing that
http://www.judis.nic.in
12
attesting witnesses read over documents and
explained contents to executants before
executing same – Defendant had discharged
