Proof of a registered Will may rest on Section 69 evidence when attesting witnesses are unavailable, with registration supporting execution.

A registered Will can be proved by alternative admissible evidence when the attesting witnesses are unavailable and proof under Section 68 of the Evidence Act cannot be led in the ordinary manner. Oral testimony from the propounder, if it establishes that the testatrix signed the Will, the attesting witnesses signed it, and the testatrix acknowledged the document before registration, may satisfy Section 69. Prior references to the Will in earlier proceedings, registration endorsements, and thumb impression evidence can further corroborate execution. Delay in seeking probate is not fatal where it is adequately explained and does not create real suspicion on the facts.

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Issues: Whether the Will dated 4.7.1974 was proved in accordance with law so as to entitle the propounder to letters of administration.

Analysis: The Will was registered and its execution had been consistently referred to in earlier proceedings by the contesting parties. The attesting witnesses were pleaded to be dead, so proof under Section 68 of the Indian Evidence Act, 1872, could not be insisted upon in the ordinary manner. In such a situation, the Court accepted proof under Section 69 of the Evidence Act through the oral testimony of the propounder, who stated that she saw the testatrix sign the Will, saw the attesting witnesses sign it, and also saw the testatrix acknowledge the document before registration. The delay in seeking probate was explained in the petition and, in the facts of the case, did not create a fatal suspicion. The registration endorsements and thumb impression evidence further supported execution.

Conclusion: The Will was duly proved and the propounder was entitled to letters of administration.

Ratio Decidendi: Where attesting witnesses are unavailable, a Will may be proved by other admissible evidence establishing due execution and attestation, and registration may operate as corroborative evidence of execution.

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