Bombay High Court Upholds Probate of Will Despite Death of Attesting Witnesses — Secondary Evidence Sufficient to Prove Execution. Court holds that when both attesting witnesses are dead, their signatures can be proved by other evidence under Section 69 of the Indian Evidence Act, 1872, and the will can be admitted to probate if the propounder proves due execution and testamentary capacity.
1 Jul 2013The appeal arises from a judgment of a learned Single Judge of the Bombay High Court holding that the last will and testament of Sebastian John D'Souz...
