Supreme Court: Examination of Attesting Witness Mandatory to Prove Will Under Evidence Act

The Supreme Court holds that Section 68 of the Indian Evidence Act strictly mandates that at least one attesting witness must be examined to prove a Will, even where there is no dispute among legal heirs.

The court dismisses any exception based on the claimant's relationship to the testator. This ruling emerges from a property dispute involving documents, including a Will.  

A bench of Justices Aravind Kumar and Sandeep Mehta overturned a High Court ruling that had relaxed this requirement in uncontested cases.

The Bench emphasises that Section 68 contains no exception and applies universally in all cases where a Will is produced as evidence.

[Ramesh Chand (D) Thr, LRS v Suresh Chand & Anr.]