In Brief
In this succession dispute, the Supreme Court examined whether a registered will executed by an illiterate widow in 1992 bequeathing property to one son could be proved without examination of both attesting witnesses. The trial court rejected the will for non-compliance with succession and evidence law. The High Court reversed, relying on registration and Section 71 of the Evidence Act. The Supreme Court restored the trial court's judgment, holding that Section 71 (allowing 'other evidence' when attesting witnesses deny execution) applies only when witnesses have been summoned and examined. Where available witnesses are not called despite being subject to court process, Section 71 cannot apply. Moreover, registration does not cure defects in proof of execution. Facing suspicious circumstances—the illiterate testator disinheriting all children except one, inconsistent claims, and lack of evidence the testator understood the document—the propounder failed to remove legitimate doubts or satisfy the court's conscience regarding valid execution.
The lawyer headnote and full judgment text are available to registered users.