Will-- Proof of Will -- Presumption of Genuineness Claimed on Ground of Old Document being Old for more than 30 Years -- Section 90 Evidence Act held inapplicable to Wills
(i) Will -- Presumption of Genuineness Claimed on Ground of Antiquity -- Genuineness of a Will cannot be presumed merely on account of its antiquity. A Will speaks only from the death of the testator and remains revocable during his lifetime. (ii) Evidence Act, 1872, S.90 -- Presumption for Documents Thirty Years Old -- Inapplicability to Wills -- The presumption under Section 90 of the Evidence Act, applicable to documents more than thirty years old, does not extend to a Will, since a Will must be proved by strict compliance with the statutory provisions governing its execution and attestation. (iii) Civil Procedure Code, 1908, S.100 -- Second Appeal -- Questions Confined to Re-Appreciation of Evidence -- Questions raised in second appeal that essentially relate to re-appreciation of evidence and challenge to concurrent findings of fact do not give rise to any substantial question of law within the meaning of Section 100 CPC.
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