https://www.taxtmi.com/caselaws?id=313708 A will must be attested by two witnesses and ordinarily proved in the manner required by Section 68 of the Indian Evidence Act. Section 69 applies only where no attesting witness can be found or the witness is otherwise legally unavailable, and then the handwriting of at least one attesting witness and the executant's signature must be proved. Mere assertions that an attesting witness was abroad or had been won over, without evidence or exhaustion of process to secure attendance, do not establish the statutory foundation for Section 69. A statement made through counsel is not evidence. On the stated facts, Section 69 was not attracted and the will was not duly proved. en-us Wed, 30 Apr 2008 00:00:00 +0530 Thu, 09 May 2024 14:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313708 A will must be attested by two witnesses and ordinarily proved in the manner required by Section 68 of the Indian Evidence Act. Section 69 applies only where no attesting witness can be found or the witness is otherwise legally unavailable, and then the handwriting of at least one attesting witness and the executant's signature must be proved. Mere assertions that an attesting witness was abroad or had been won over, without evidence or exhaustion of process to secure attendance, do not establish the statutory foundation for Section 69. A statement made through counsel is not evidence. On the stated facts, Section 69 was not attracted and the will was not duly proved. Case-Laws Indian Laws Wed, 30 Apr 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313708