A Will like any other document is to be proved in terms of the provisions of Section 68 of the Indian Succession Act and the Evidence Act. The propounder of the Will is called upon to show by satisfactory evidence that the Will was signed by the testator, that the testator at the relevant time was in a sound and disposing state of mind, that he understood the nature and effect of the disposition and put his signature to the document on his own free will and the document shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution. This is the mandate of Section 68 of the Evidence Act and the position remains the same even in a case where the opposite party does not specifically deny the execution of the document in the written statement. The execution of the Wills has to be proved in accordance with Section 68 of the Indian Evidence Act. [13] and[15]
Ramesh Verma (D) tr. L.Rs. vs. Lajesh Saxena (D) by L.Rs. and Ors. (24.11.2025 - SC) : MANU/SC/1549/2016