Only one of the attesting witnesses is sufficient to prove the attestation of the same

Legal Analysis on Attestation of Wills in India

Key Legal Principle

Requirements for Valid Attestation

Relevant Case Law

Limitations and Exceptions

Conclusion

In summary, while the law allows for the attestation of a will to be proved by the testimony of a single attesting witness, this witness must be able to confirm both their own attestation and that of the other witness. If they cannot do so, the other witness must be called to ensure the will''s validity. Legal practitioners should ensure that the evidence presented meets these requirements to avoid challenges to the will''s authenticity.

Recommendations

  • Thorough Preparation: Ensure that the attesting witness is well-prepared to testify about both their own and the other witness''s signatures.
  • Consider Additional Evidence: Be ready to present supplementary evidence if the primary attesting witness''s testimony is insufficient to establish the will''s validity.

References: RAJESH SHARMA VS KRISHAN KUMAR SHARMA - Delhi (2007)Devassykutty VS Visalakshy Amma - Kerala (2010)Capt. Marcus R. Dare VS Dr. Mrs. Eunice Rani Sankaran & Another - Madras (2006)Venkata Suryanarayana Raju VS P. Rama Devi - Andhra Pradesh (2018)Sanjiv Kumar VS Chand - Punjab and Haryana (2018)

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