AIR 2008 SUPREME COURT 2485 ::2008 AIR SCW 3429 ::2008 (4) AIR Bom R 314 ::(2008) 2 HinduLR 105 ::(2008) 3 CivilCourtC 509 ::2008 (14) SCC 754 ::(2008) 3 RecCivR 154 ::(2008) 7 Scale 743 ::2008 (6) AllMR (NOC) 63 ::(2008) 3 All WC 2825 ::(2008) 3 ICC 607 ::(2008) 7 Mad LJ 263 ::(2008) 4 Mad LW 770 ::(2008) 3 LandLR 232

Supreme Court Of India

(From : 2006 (1) Pun LR 592)

Hon'ble Judge(s): Satya Brata Sinha, V. S. Sirpurkar , JJ

(A) Succession Act (39 of 1925) , S.63— Evidence Act (1 of 1872) , S.68— Will - Execution - Proof - Examination of attesting witnesses to prove due execution - Not all that is required - Propounder has to explain, by leading evidence, surrounding, suspicious circumstances. (Para 11) (B) Succession Act (39 of 1925) , S.63— Evidence Act (1 of 1872) , S.69— Will - Execution - Proof where no attesting witnesses found - Relaxation from strict proof - Availability - Party must have taken steps to compel attendance of attesting witnesses - No such steps taken - On mere statement of party made through counsel that witness is won over - Relaxation of mode of proof by Court - Not proper. 2006 (1) Pun LR 592, Reversed. (Para 16 21) .....