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shall not be used as evidence until one attesting witness at least has been called for the purpose of proving ... execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving
Central Government Act
Indian Evidence Act, 1872
69. Proof where no attesting witness found. If no such attesting witness can be found ... must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature
Central Government Act
committed
an error in treating the scribe as an attesting witness
when he did not sign as animo attestendi ... evidence
of the one attesting witness examined does not
establish the attestation of the will by another
attesting witness
Supreme Court of India
Indian Succession Act, 1975, S. 63(c), Attesting witness
defined.
Indian Evidence Act, S. 68--Discharge of onus probandi ... signatory to a
testamentary document as an attesting witness cannot take
the place of evidence showing due execution
Supreme Court of India
intent to attest. As regards the
latter maxim, the attesting witness must subscribe with the intent
that the subscription ... name under the word
scribe was not an attesting witness as he had put his signature
only for the purpose
Supreme Court of India
plaintiff, had gone outside India and another attesting
witness, namely, Lambardar Mohan Singh being dead, the Will must be held ... will to be that of Mohan
Singh as attesting witness. Though the Plaintiff
also examined PW-9 Davinder Parshad
Handwriting
Supreme Court of India
placed alongwith the signature of Ram Dutt, the attesting
witness, and the signature of Registrar of Deeds side by side ... Whether a Registrar of Deeds can also be an attesting witness?
(3) Whether registration of a Will or codicil dispenses
Supreme Court of India
Will but also stated himself to be an attesting witness and identifier of
the testatrix, in his deposition stated ... Will to become an
identifying witness and also an attesting witness. Surendra Panda
identified Sarajumani Dasi to me and that
Supreme Court of India
Gift Deed need not be proved by examining an attesting witness
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inasmuch as the plaintiff admitted ... shall not be used as evidence
until one attesting witness at least has been called for
the purpose of proving
Supreme Court of India
anything about presence of any another person as an attesting witness in
respect of any document by the said Yumnam ... testifying of the
signatures of the executant. The attested witness should put his signature on
the Will animo attestandi
Supreme Court of India
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