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V. SRISHANANDA
S. Krishna Rao Since Dead by LRs. Smt. K. Bhagirathi – Appellant
Versus
M. J. Vittal S/o Late M. J. Jivan Rao – Respondent
JUDGMENT :
V. SRISHANANDA, J.
1. These two appeals are directed against the same judgment and decree passed in O.S. No. 3578/1987 dated 03.01.2008 on the file of I Additional City Civil and Sessions Judge, Bangalore City, filed by first defendant against plaintiff in R.F.A. No. 488/2008 and defendant Nos. 2 and 3 in R.F.A. No. 489/2008 respectively.
2. Parties are referred to as plaintiff and defendants for the sake of convenience as per their original rankings in the Trial Court.
PLEADINGS
3. The facts narrated in the pleadings before the Trial Court which are utmost necessary for disposal of these appeals are as under:
Section 68 of Indian Evidence Act reads as proof of execution of document required by law to be attested.
The courts ruled that the failure to prove the valid execution and attestation of a Will invalidates claims of property based on it, emphasizing statutory requirements for witness testimony.
A Will can be validated by the testimony of one attesting witness if it meets the statutory requirements, even if the other witness is unavailable or does not support the execution.
The execution of a will must strictly adhere to statutory requirements, including valid attestation by witnesses, and mere registration does not suffice to validate a will in the presence of suspicio....
The main legal point established in the judgment is the importance of proper execution and attestation of wills, mortgages, and gifts as per the statutory provisions of the Indian Succession Act and ....
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