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Thayyullathil Kunhikannan And Ors. vs Thayyullathil Kalliani And Ors. on 26 September, 1989

In Thayyullathil Kunhikannan & Ors. v. Thayyullathil Kalliani & Ors., AIR 1990 Kerala 226, a Division Bench of the Kerala High Court held that Section 58 of the Indian Evidence Act, 1872 has to be read as overriding Section 68 and as obviating the necessity for calling an attesting witness, unless the execution of the Will or the attestation is in dispute. In para 34, this is what the Division Bench had to say about no requirement of proof of the Will where its execution and the capacity of the testator to execute the Will is admitted:-
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