Supreme Court rules S.69 Evidence Act can prove will only if S.68 attestation impossible
This case involves a family succession and partition dispute between the heirs of the first wife and the heirs of the second wife of the original property owner, centered on the validity and proof of a registered Will executed by the third wife (Arukkaniammal). The core issue is whether the Will is validly proved under the Evidence Act, which determines the devolution of the A-schedule agricultural property.
Appellants: Pazhanathal (Dead) through LRS. & Ors (heirs of the first wife, Mottaiammal). Respondents: Alamathal (Dead) through LRS. & Ors (heirs of the second wife, Pappammal). Bench: Justice Nongmeikapam Kotiswar Singh.
- The Court is examining whether the Will (Ex.B-13) dated 15.12.1976 is proved valid.
- The Court must distinguish between testamentary power, due execution, attestation, and the statutory mode of proof under Sections 68 and 69 of the Evidence Act.
- The Court is assessing the obligation of the propounders to remove suspicious circumstances regarding the Will.
- The validity of the Will is identified as the central issue, with partition, possession, and injunction being consequential matters.
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Document details
| Official title | Evidence Act | S.69 Can Be Invoked To Prove Will Only If Impossible To Prove Attestation Under S. 68: Supreme Court |
| Source body | Supreme Court of India — orders & judgments |
| Reference number | — |
| Status | closed (order) |
| Year | 2026 |
| Closing date | — |
| Documents | 1 |