How to prove an unregistered will validity

If both attesting witnesses to an unregistered will are deceased, you can prove the will by showing that at least one witness's attestation was in their handwriting.

The Supreme Court ruled that it is sufficient to prove that one witness's attestation was in their handwriting, even though Section 68 of the Evidence Act requires proof of both witnesses' attestations.

You must also prove the testator's signature and handwriting. If there is an attesting witness who is still alive, you can call them to prove the will's execution. You can also call witnesses who can prove the testator's handwriting

In Durga Bai Vs. C S Pandari Bai of Madras high court, Judgment pronounced on: 27.02.2017;

f the attesting witnesses are really dead the plaintiffs can very well prove the will by resorting to Section 69 of the Indian Evidence Act by examining one of the persons who has acquaintance with the signature of any one of the attesting witnesses and also the executant of the document. Before resorting to the provision under Section 69 of the Indian Evidence Act to prove the will, it must be established by the plaintiffs the factum of death of attesting witnesses.

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