Kerala High Court Clarifies Proof Requirement for Wills Under Evidence Act

The Kerala High Court clarified that under Evidence Act Sections  68 and  69, proving a will requires examining an attesting witness (Section 68) if available; but if witnesses are not available, Section 69 permits proof via handwriting verification.

The court stressed that merely registering does not release the proponent from establishing their intentions and clearing their name.

The Court noted that sufficient evidence was brought to prove that attesting witnesses were deceased.

Thus, according to the court, it was enough to invoke the alternative mode under Section 69 and held that the first defendant succeeded in proving the execution and registration of the Will and dismissed the appeal.