Ss. 63 and 59 r/w Ss. 67, 68, 45 and 47 of the Evidence Act, 1872 : Validity of will

Ss. 63 and 59 r/w Ss. 67, 68, 45 and 47 of the Evidence Act, 1872 : Validity of will Held, intention of testator to make testament must be proved, and propounder of will must examine one or mor e attesting witnesses and remove all suspicious circumstances with regard to execution of will. Section 96 of the Civil Procedure Code, 1908: Jurisdiction and powers of first appellate court detail in reasoning required when affirming judgment of trial cou rt as contrasted with reasoning required when reversing or modifying judgment of trial court. The legal principles with regard to the proof of the will are no longer res integra. Section 63 of the Succession Act, 1925 and Section 68 of the Evidence Act, 1 872 are relevant in this regard. The propounder of the will must examine one or more attesting witnesses and the onus is on the propounder to remove all suspicious circumstances with regard to the execution of the will. 

Case Law:

murthy and others v. C. Saradamb and Others, 

Case Law:

(2022) 3 SCC 20