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ARTICLE · 11 AUGUST 2020

Execution Of A Will When Both Attesting Witnesses Are Deceased

Vimadalal & Co.
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The Hon'ble Supreme Court of India, in V. Kalyanaswamy (Dead) by Legal Heirs v/s. L. Bakthavatsalam (Dead) by Legal Heirs, had the occasion to revisit the legal principles of proving ...

IndiaFamily and Matrimonial
Manish Doshi
Manish Doshi
Esha Malik
Esha Malik

INTRODUCTION:-

The Hon'ble Supreme Court of India, in V. Kalyanaswamy (Dead) by Legal Heirs v/s. L. Bakthavatsalam (Dead) by Legal Heirs, had the occasion to revisit the legal principles of proving the execution of a Will where both the attesting witnesses are deceased.  The Apex Court focused on certain statutory provisions and judicial precedents and accordingly answered the following questions:-

  • In the event that both attesting witnesses are dead, does the requirement of proving both their attestations still hold merit in the eyes of the law? Or would proving the attestation of one witness in her/his handwriting be adequate?

 

  • Whether a copy of the evidence on behalf of one of the witnesses regarding the said Will in separate legal proceedings be used to fulfill the requirements in the present case?

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