Section 68 of Evidence Act

rajendra (Querist) 23 November 2010 This query is : Resolved
Is it necessary to examine a witness of a Will in a suit for declaration of title as contemplated under Section 68 of Evidence Act if the defendant is not a person having 'caveatable interest' as the defendant would not have inherited the property under the Will in case of intestate death of the testator.

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adv. rajeev ( rajoo ) (Expert) 23 November 2010
It is necessary to examine the attestor of the will to prove itz execution

s.subramanian (Expert) 23 November 2010
It is mandatory to comply with Sec.68 of Evidence Act. You have to examine the attestor. Then only the will can be received in evidence by the court. It does not depend upon the rights and claims of the defendant in any manner.