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Friday, July 9, 2010

Succession Act, 1925

Succession Act, 1925
S.63--Evidence Act, 1872, S.68 & 69--Will--Execution of--Proof--Only attesting witness of Will examined did not support Will as he only admitted his signatures on Will but in cross-examination admitted that he never visited place where Will was executed--Scribe also did not produce any scribe register to prove presence of witness or executant at time of registration of Will--Moreover, different dates shown on different pages was a suspicious circumstance which plaintiff failed to explain or dispel--Plaintiff failed to prove execution of Will--Learned Courts below justified in non-suiting plaintiff.; Shugan Chand v. Bachni Devi & Anr., ; 2010(1) Law Herald (P&H) 835