In Brief
A testator died in 1929 leaving a will bequeathing his estate to his sons Anukul and Mahadev and grandson Shibu. The will was never probated. Decades later, Mahadev's son sought letters of administration. The appellant, who had purchased property from Upendra (the testator's other son), argued the will could not be proved because attesting witnesses were dead and the application was delayed. The Supreme Court held that while wills cannot be proved merely by age under Section 90 of the Evidence Act, Section 69 permits proof through other evidence when witnesses are deceased. The Court found the will validly proved through credible witness testimony and corroborating registered documents, and dismissed the appeal.
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