Proof of Will -- Holographic Will with Corrections and Non-Registration -- Minor corrections and non-registration not suspicious circumstances where handwriting and signature undisputed
(i) Indian Succession Act, 1925, S.63 -- Proof of Will -- Holographic Will with Corrections and Non-Registration -- Minor corrections, interpolations and use of different ink made by a testator in his own handwriting do not by themselves constitute suspicious circumstances where the handwriting and signature are undisputed. Non-registration of a Will, even where the testator had registered other documents earlier, remains a matter of choice of the testator and does not cast doubt on genuineness. (ii) Indian Evidence Act, 1872, S.69 -- Proof of Will -- Death of Attesting Witnesses -- Where attesting witnesses have died, proof of their signatures through identification by their children satisfies the requirement of proving execution of the Will. Admission by a party contesting the Will that the handwriting and signature therein belong to the testator strengthens the presumption of genuineness of a holographic Will.
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