Case Law Analysis
|Madras High Court
Section 68 Evidence Act | Suspicious Will Executed Post-Hospitalization Requires Strict Proof of Testamentary Capacity : Madras HC
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.