November 1997. The gift deed is
registered and the same has been attested by two witnesses. It is also the
case of the defendant that ... Evidence Act. According to the Trial Court, both
the attesting witnesses are alive and the defendant could have examined
at least one of the attesting
defendant No.1 who has to plead and establish proper execution
and attestation of will in accordance with law. Therefore, the first
appellate Court ... 2003
Page 5 of 15
(c) The will shall be attested by two or more witnesses,
each of whom has seen the testator sign
dated 9.3.2005 because this Will is proved
through the deposition of the attesting witness to the Will Sh. Rajan
Mahajan. Sh. Rajan Mahajan has deposed ... Advocate, has deposed with respect to due execution and attestation of
the Will and Sh. Mohan Lal Anand being of sound disposing mind.
This witness
registering authority has a lot of sanctity. While for a Will, the attesting
witnesses are needed, the same is not true of a Relinquishment Deed ... relied upon to argue that once a document
is registered, an attesting witness is not even required to prove a document
which
propound the first Will, Jasdeep Singh Kalsi examined
Vibhu Kapoor an attesting witness of the first Will as PW-1 and
himself ... Record Keeper, Office of Sub-
Registrar-V as RW-2 and the attesting witness of the Will
Shivdev Singh as RW-3.
8. Anil
possession and one Lallu Dutta was produced as one of the attesting witnesses to prove the Will.
Plaintiff further produced a letter dated 03.04.1982 written ... Section 68 of the Indian Evidence Act, 1863 as one of the attesting witnesses deposed and proved the Will before the Court and thus plaintiff
Sobti, Defendant No.2
as DW-1, Sh. S.K. Sharma, attesting witness as DW-2, Sh. D.C. Tuteja ... execution of the Will does not raise any suspicion and the attesting
witness and the official from the Sub-Registrar's office having appeared
parties had submitted on 3rd August, 2018
that one of the attesting witnesses to the Will dated 9th October, 1989 which
is relied upon ... Local Commissioner had been appointed to record
the statement of the said attesting witness.
5. The statement of the said witness was recorded on 11th
Kuldeep Chand, defendant No.3 and also that mutation No.395 as
attested on behalf of defendant No.3 in favour of defendant ... mention has been made about mutation No. 392 as attested
in favour of defendant No.3 Kuldeep Chand to the extent of 0.00.40
hectares
died before
the evidence would commence in the suit. The other attesting
witness Mr. Desai did file an affidavit in lieu of examination-in-
chief ... will dated 4th July 1993 . He submits that none of the
attesting witnesses were examined and the learned Single Judge
erred in treating as evidence
