Mr. Glen Fredric Picardo vs Mr. Rodney Picardo on 23 December, 2020
He has also relied on
another decision reported in 2020 SCC Online SC 464
in which in the case of Kavita Kanwar Vs. Pamela Mehta
and Others, in which it is held that "Ordinarily, a will has
to be proved like any other document; the test to be
applied being the usual test of the satisfaction of the
prudent mind. Alike the principles governing the proof of
other documents. As per Section 63 of the Succession
Act, a Will is required to be attested, it cannot be used as
evidence until at least one attesting witness has been
called for the purpose of proving its execution. The
unique feature of a Will is that it speaks from the death
of the testator and, therefore, the maker thereof is not
available for deposing about the circumstances in which
the same was executed. This introduces an element of
solemnity in the decision of the question as to whether
the document propounder is the last Will of the testator".