If person who opposing Will, able to establish that signature contained in Will is not that of executant or executant not person named in Will, mere fact that two attestors have consistently spoken about execution, does not make any difference

Citation

AIROnline 2014 Hyd 19

HYDERABAD HIGH COURT

L. NARASIMHA REDDY , J.

CIVIL REVISION PETITION - 4481 of 2012 D/- 12 - 6 - 2014

Mathangi Devasahayam Rubenu Alias Nagaiah v. Jetty Manikyamma Prakasa Rao and Ors.

Evidence Act (1 of 1872), S.45, S.68 - Expert opinion - Will - Rejection of application - On ground that once attestors of Will, were examined to prove execution and no necessity to send document

for opinion of expert about genuinity of signature of executant - Challenge as to - If person who opposing Will, able to establish that signature contained in Will is not that of executant or executant not person named in Will, mere fact that two attestors have consistently spoken

about execution, does not make any difference - Rejection of application, not proper (Paras 7, 8)