Proof of Will -- Non-Availability of Both Attesting Witnesses Not Established -- Will cannot be proved under Section 69 without first satisfying requirement of Section 68
Evidence Act, 1872, S.69 -- Proof of Will -- Non-Availability of Both Attesting Witnesses Not Established -- Applies only as an exceptional mode of proof once the propounder establishes that no attesting witness can be found to prove the Will under Section 68. It is not an alternative mode available at the choice of the propounder. Where death or unavailability of even one attesting witness remains unproved, resort to Section 69 is impermissible.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
