https://www.taxtmi.com/caselaws?id=184249 A Will must be proved by the propounder through due execution, testamentary capacity, and removal of suspicious circumstances; where attesting witnesses are unavailable, legally sufficient secondary evidence is still required. On the facts, execution was not satisfactorily established and doubts arising from the testator's condition and signature discrepancies were not dispelled, so the Will was not proved. A registered Gift Deed cannot be relied on under the proviso to Section 68 where execution is specifically denied; here, the Gift Deed also remained unproved and was affected by the same surrounding suspicious circumstances, so it could not be acted upon. The concurrent rejection of both documents was sustained. en-us Wed, 03 Dec 2008 00:00:00 +0530 Mon, 04 Jul 2016 11:41:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184249 A Will must be proved by the propounder through due execution, testamentary capacity, and removal of suspicious circumstances; where attesting witnesses are unavailable, legally sufficient secondary evidence is still required. On the facts, execution was not satisfactorily established and doubts arising from the testator's condition and signature discrepancies were not dispelled, so the Will was not proved. A registered Gift Deed cannot be relied on under the proviso to Section 68 where execution is specifically denied; here, the Gift Deed also remained unproved and was affected by the same surrounding suspicious circumstances, so it could not be acted upon. The concurrent rejection of both documents was sustained. Case-Laws Indian Laws Wed, 03 Dec 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184249