Will attested by only one attesting witness-And that too not summoned and asked to deposed as witness - Execution of Will not proved by'other evidence' in terms of S. 71.

Citation

AIROnline 2019 SC 2143

SUPREME COURT

S. ABDUL NAZEER , J. and SANJIV KHANNA , J.

CIVIL APPEAL - 9683 of 2019 D/- 17 - 12 - 2019

RAJ KUMARI AND ORS. v. SURINDER PAL SHARMA

(A) Succession Act (39 of 1925), S.63(c) - Evidence Act (1 of 1872), S.68, S.71 - Will-Proof of

execution-Will attested by only one attesting witness-And that too not summoned and asked

to deposed as witness-It cannot be said that he as an attesting witness had denied or did not

recollect execution of will-Mandate of S. 63(c) not satisfied-Execution of Will not proved by

'other evidence' in terms of S. 71.

 (Para 23)