⚖️ Legal Learning Shri Ganpati Jurists – Evidence Act & Wills
📌 Key Principle:
Section 68 of the Indian Evidence Act
mandates the examination of at least one attesting witness when proving a Will in court.
🔹 Key Observations:
1️⃣ Mandatory Examination:
It is mandatory to examine at least one attesting witness to a Will. This requirement cannot be waived, even if the dispute does not involve contesting legal heirs.
2️⃣ Universal Application:
The mandate applies to every Will used as evidence in a court, regardless of the identity of the opponent.
3️⃣ No Exception:
The purpose is to ensure authenticity and proper validation of the Will by examining firsthand testimony of the attesting witness.
✅ Key Takeaway:
For a Will to be admitted as evidence under Section 68 of the Evidence Act, the examination of at least one attesting witness is compulsory, ensuring the credibility and reliability of the document.
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