Moturu Nalini Kanth vs. Gainedi Kaliprasad (Dead, through LRs.) (SC)

Indian Succession Act, 1925–Sec. 63–Evidence Act, 1872–Secs. 68/69–Neither the attesting witnesses of Will were examined before the Trial Court in compliance with Sec. 68 nor any other witness was examined who was familiar with the signatures of either of the attesting witnesses and who could vouch for the same or produce an admitted signatures before the Court–Mere marking of affidavits was not sufficient to satisfy the requirement of Sec. 69 of the Evidence Act–Scribe of the affidavits stated that the witnesses did not sign the Will in his presence–Witness of Registrar Officer stated that he did not know the testator of Will personally and could not even recall her age–Other suspicious circumstances have also been found–Held, it cannot be accepted that the Will has been proved as per law.