#Section 68 Evidence Act

The Calcutta High Court ruled that an insufficiently stamped agreement for sale in a specific performance suit must be impounded under the Indian Stamp Act rather than leading to dismissal of the suit. The court remanded the matter for payment of deficit stamp duty and adjudication on merits, clarifying that stamp deficiency is a curable procedural defect, not a substantive bar to relief.

The Supreme Court ruled that a will is enforceable only if it complies with Section 63 of the Indian Succession Act and is proved under Sections 68 and 69 of the Evidence Act. Because the will in dispute failed these tests, the trial court's partition decree was restored, impacting the heirs in the succession case.

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.

Bombay High Court rules that even registered documents require proof of execution through an attesting witness under Section 68 of the Evidence Act if execution is specifically denied. This holding reinforces the burden of proof in property disputes, ensuring fraudulent claims are scrutinized regardless of registration.

Madras High Court rules that mere hospitalization, evening registration, or unequal bequests do not invalidate a Will unless supported by concrete evidence of fraud, undue influence, or testamentary incapacity. The judgment reinforces testamentary autonomy where the Will is duly executed and registered, shifting the burden of proof to challengers to establish material irregularities.

Punjab and Haryana High Court holds that valid execution of a Will under Section 63 of Indian Succession Act requires proof that attesting witnesses saw the testator sign in their presence.