NCLAT: Consideration of Debt Restructuring by Lenders Doesn’t Bar Member from Initiating Proceedings  ||  Delhi High Court: In Matters of Medical Evaluation, Courts Should Exercise Restraint  ||  Delhi HC: Any Person in India Has Right to Legally Import Goods from Abroad and Sell the Same  ||  Delhi HC: Waiver to Section 12(5) of Arbitration Act to be Given Once Tribunal is Constituted  ||  Supreme Court Has Asked States to Regularise Existing Court Managers  ||  SC: Union & States to Create Special POSCO Courts on Top Priority  ||  SC Upholds Authority of CERC to Award Compensation for Delays  ||  SC: Arbitral Tribunal Has Discretion to Include in Sum Awarded, Interest at Rate as it Deems Reasonab  ||  SC: Cannot Use Article 142 to Frame Guidelines on Judicial Recusal  ||  SC: Satisfaction Recorder in One EP Won’t Affect Subsequent EPs for Future Breaches    

Moturu Nalini Kanth vs. Gainedi Kaliprasad (dead, through LRs.) (Neutral Citation: 2023 INSC 1004) - (Supreme Court) (20 Nov 2023)

To testify execution of Will, it is not enough to examine a random witness who asserts that he saw attesting witness affix his signature on Will

MANU/SC/1240/2023

Family

The present appeal is filed to determine the validity of a Will. The appellant claims to have been adopted by late Venkubayamma under registered Will Deed and that he has absolute right and title over the properties of late Venkubayamma. Respondent, grandson of late Venkubayamma, challenged the Will and adoption deed. The Trial Court held in the favour of Appellant but the High Court reversed that decision. Hence, the present appeal.

The Court observed that it is trite to state that mere registration of a Will does not attach to it a stamp of validity and it must still be proved in terms of Sections 68 and 69 of the Indian Evidence Act, 1872.

The contention that Section 69 of the Evidence Act does not require actual proof of the handwriting of at least one attesting witness and proof of the signature of the executant being in that person’s handwriting cannot be accepted. Reference was made to precedents and latest judgments.

It was stated that for the purposes of Section 69 of the Evidence Act, it is not enough to merely examine a random witness who asserts that he saw the attesting witness affix his signature in the Will. The very purpose and objective of insisting upon examination of at least one attesting witness to the Will would be entirely lost if such requirement is whittled down to just having a stray witness deposes that he saw the attesting witness sign the Will. Appeal dismissed.

Tags : ADOPTION   WILL   PROPERTY  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved