successions act

practicing advocate

Succession Act, 1925Sec. 63 Evidence Act- secs. 90 & 68 _presumption relating to due execution  of  a 30 years  old document does not apply to a will and a will has to be proved as per sec. 68 by examining attesting witness.

Sec. 63 & 64- Production of will  years after its execution does not amount to suspicious circumstance since will in the instant case was produced immediately when occasion to protect property bequethed arose.  Statement of testator regarding. herself as getting old depends upon her perception about her health and does not amount to suspicious circumstance.

KCCR 2014 PAGE NOS: 2945




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