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1 - 8 of 8 (0.23 seconds)Section 71 in The Indian Evidence Act, 1872 [Entire Act]
The Hindu Succession Act, 1956
Section 63 in The Indian Evidence Act, 1872 [Entire Act]
Section 63 in The Indian Succession Act, 1925 [Entire Act]
The Indian Evidence Act, 1872
Vishnu Ramkrishna Wani vs Nathu Vithal Wani on 10 August, 1948
In Vishnu Ramkrishna & Ors. v. Nathu
Vithal & Ors. [(AIR) 1949 Bom. 266], Chagla, C.J.,
speaking for the Division Bench in similar
circumstances has stated that although Section 63 of
the Succession Act requires that a will has to be
attested by two witnesses, Section 68 of the Evidence
Act permits the execution of the will to be proved by
only one attesting witness being called. Where the
attesting witness, who is called to prove the
execution, is not in a position to prove the
attestation of the will by the second witness, the
evidence of the witness called falls short to the
mandatory requirements of Section 68. Section 71 of
the Evidence Act can only be requisitioned when the
attesting witnesses who have been called failed to
prove the execution of the will by reason of either
denying their own signatures or denying the signature
of the testator or having no recollection as to the
execution of the document. This Section has no
application when one attesting witness has failed to
prove the execution of the will and other attesting
witnesses were available who could prove the execution
if they were called.
Section 114 in The Indian Evidence Act, 1872 [Entire Act]
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