#Proof of Will

Madras High Court rules that a registered will under Section 68 of the Indian Evidence Act is validly proved if the testator's and one attesting witness's signatures are verified by credible witnesses, even if the attesting witness is unavailable. This holding simplifies will probate for beneficiaries where attesting witnesses are deceased or untraceable.

The Bombay High Court held that procedural irregularities in a will’s execution - such as inconsistent dates or locations - do not invalidate probate if attesting witnesses unchallenged by the opponent affirm its authenticity. This clarifies that technical flaws by non-lawyers are not fatal under Section 68, empowering executors and beneficiaries facing familial challenges to probate without requiring perfect documentation.

Madras HC upholds rejection of a will executed six days after the testator’s hospital discharge for heart disease, ruling that attesting witnesses’ ignorance of the testator’s condition and unnatural dispositions create irrebuttable suspicion under Section 68 of the Evidence Act. The judgment reinforces that wills executed under questionable circumstances demand rigorous proof of free consent and sound mind.