Supreme Court · 2008 INSC 559 · Decided 30 April 2008
Babu Singh & ORS. v. Ram Sahai @ Ram Singh
- Court
- Supreme Court of India
- Citation
- 2008 INSC 559 · [2008] 7 S.C.R. 250
- Case number
- CIVIL APPEAL No. 3124/2008
- Decided
- 30 April 2008
- Bench
- S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 68, 69; Transfer of Property Act Section 3; Succession Act Section 63(1)(c), 68
Headnote
250 A BABU SINGH & ORS. v RAM SAHAI @ RAM SINGH (Civil Appeal No. 3124 of 2008) B APRIL 30, 2008 [S.B. SINHA AND V.S. SIRPURKAR, JJ.) Evidence Act, 1872: ss. 68 and 69 - Proof of execution and attestation - Held: c Will is required to be attested by two witnesses - Ordinarily both must be to dispel the surrounding circumstances - Indian D Succession Act, 1925 - s.63(1)(c). s. 69 - Applicability of - Held: Applicable where attesting witness is either dead or out of jurisdiction of Court or is kept out of way by adverse party or cannot be traced despite diligent E search - On facts,
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