Delhi HC: Writ Petition Not Maintainable Against Provisional Attachment When PMLA Remedy Exists  ||  Rajasthan HC: Magistrate Can’t Order Secured Creditor to Pay Police Expenses For Asset Possession  ||  Orissa HC: Court Can’t Permit Intervenors Without Reason or Compel Plaintiff to Join Unrelated Party  ||  Delhi HC: Section 498A IPC Applies Even if Marriage is Later Declared Invalid  ||  AP HC: State Can’t Cite Financial Constraints to Withhold Gratuity, Denying Retirees Violates Art 21  ||  Madras HC: Marriage Does Not Grant Men Absolute Authority, Woman’s Endurance is Not Consent  ||  Delhi HC: Ordinary Marital Friction or Taunts Do Not Constitute Cruelty under Law  ||  Punjab & Haryana HC: Family Property Disputes Cannot Be Resolved under Maintenance of Parents Act  ||  Delhi HC: Bribe Profits Invested in Shares Are Proceeds of Crime and Attachable under PMLA  ||  Delhi HC: 'No Coercive Steps' Does Not Mean Stay or Suspension of Investigation    

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