AIR 2004 KARNATAKA 78 ::2003 AIR - Kant. H. C. R. 2808 ::(2003) 95 RevDec 382 ::(2003) 2 HinduLR 642 ::(2003) ILR (Kant) (4) 3153 ::(2003) 3 CivilCourtC 396 ::(2003) 4 KCCR 2738 ::2003 (5) KantLJ 232 ::(2003) 11 AllIndCas 329 (KAR) ::2003 (11) AllIndCas 329

Karnataka High Court

Hon'ble Judge(s): Manjula Chellur , J

(A) Succession Act (39 of 1925) , S.283— Will - Suspicious circumstances - Will made in respect of only a portion of property i.e. house in favour of one of sons of testator - Reasons also given why such a document was made i.e., he was looking after him and he constructed said house - Will cannot be held to have been surrounded by suspicious circumstances on ground that other heirs were excluded. (Para 29) (B) Succession Act (39 of 1925) , S.63— Will - Execution - Proof - One of attesting witnesses turning hostile - Other attesting witness though alive was not examined - S. 71 of Evidence Act cannot come to assistance of claimant - Scribe and Sub-Registrar in such case could not be held to have proved due attestation required under law. Evidence Act (1 of 1872) , S.68, S.71— Where one of the attesting witnesses though examined turned hostile and did not support due execution of Will and the other witness though was alive was not examined, the scribe and the Sub-Registrar who had come to depose before the Court regarding writing of the document and the due registration of the document could not be held @page-Kant79 to have proved due attestation required under law. Section 71 of the Evidence Act says if t....