Indian Succession Act, 1925–Sec. 63(c)–Evidence Act, 1872–Secs. 90 & 68–Scope–Wills cannot be proved only on the basis of their age–The presumption
u/s. 90 as to the regularity of documents more than 30 years of age is inapplicable when it comes to proof of Wills, which have to be proved in terms of Sec. 63(c) of the Succession Act and Sec. 68 of the Evidence Act.
Indian Succession Act, 1925–Sec. 63(c)–Evidence Act, 1872–Sec. 69– In the event that attesting witnesses may have died or cannot be found, the propounder is not helpless, as Section 69 of the Evidence Act is applicable.
Indian Succession Act, 1925–Sec. 63–Will–Establishment–Both the attesting
witnesses had died–Two sons of the testator deposed about their presence when the Will was signed by him–They identified the signatures of N who drew and signed the Will–Circumstances when the Will was signed, where it was signed and who all were present, were deposed by the son of N–Additionally, trial Court relied on the partition deed which gave effect to it– Document of partition was a registered document–Will was duly executed and the propounder succeeded in proving it.
