Search Results Page
Search Results
1 - 10 of 23 (4.06 seconds)Section 68 in The Indian Evidence Act, 1872 [Entire Act]
The Hindu Succession Act, 1956
Janki Narayan Bhoir vs Narayan Namdeo Kadam on 17 December, 2002
40. It is now well settled that requirement of the proof of execution of a Will is
the same as in case of certain other documents, for example Gift or Mortgage. The
law requires that the proof of execution of a Will has to be attested at least by two
witnesses. At least one attesting witness has to be examined to prove execution
and attestation of the Will. Further, it is to be proved that the executant had signed
and/or given his thumb impression in presence of at least two attesting witnesses
and the attesting witnesses had put their signatures in presence of the executant.
(See Madhukar D. Shende v. Tarabai Aba Shedage, (2002) 2 SCC 85; Janki
Narayan Bhoir v. Narayan Namdeo Kadam, (2003) 2 SCC 91 and Bhagatram v.
Suresh and Others, (2003) 12 SCC 35).
Madhukar D. Shende vs Tarabai Aba Shedage on 9 January, 2002
The burden of proof that the Will has been validly
executed and is a genuine document is on the
propounder. The propounder is also required to prove
that the testator has signed the Will and that he had put
his signature out of his own free will having a sound
disposition of mind and understood the nature and effect
thereof. If sufficient evidence in this behalf is brought on
record, the onus of the propounder may be held to have
been discharged. But, the onus would be on the applicant
to remove the suspicion by leading sufficient and cogent
evidence if there exists any. In the case of proof of Will,
a signature of a testator alone would not prove the
execution thereof, if his mind may appear to be very
feeble and debilitated. However, if a defence of fraud,
coercion or undue influence is raised, the burden would
be on the caveator. [See Madhukar D. Shende v. Tarabai
Shedage (2002) 2 SCC 85 and Sridevi & Ors. v. Jayaraja
Shetty & Ors. (2005) 8 SCC 784]. Subject to above,
proof of a Will does not ordinarily differ from that of
proving any other document."