ASHUTOSH SAMANTA (D) BY LRS. & ORS. versus SM. RANJAN BALA DASI & ORS.

ASHUTOSH SAMANTA (D) BY LRS. & ORS. versus SM. RANJAN BALA DASI & ORS.

The presumption under Section 90 of the Evidence Act regarding documents thirty years old is inapplicable to wills; wills must be proved under Section 63(c) of the Indian Succession Act read with Section 68 of the Evidence Act, and where attesting witnesses are dead or unavailable Sections 69 and 71 permit proof by other evidence; on the facts the will was duly proved and letters of administration were correctly granted.

Parties
Appellant: ASHUTOSH SAMANTA (D) BY LRS. & ORS.; Respondent: SM. RANJAN BALA DASI & ORS.
Jurisdiction
India
Judgment Date
14 March 2023
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Proof of Will, Letters of Administration, Presumption Under Section 90, Sections 68, 69 and 71 Evidence Act
Evidence Act, 1872 Indian Succession Act, 1925 Proof of Will Letters of Administration Presumption Under Section 90 Sections 68, 69 and 71 Evidence Act

Case Brief

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Parties

ASHUTOSH SAMANTA (D) BY LRS. & ORS.

Appellant

SM. RANJAN BALA DASI & ORS.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether the presumption under Section 90 Evidence Act applies to wills
  2. 2 How a will may be proved when attesting witnesses are dead or unavailable (Sections 68, 69 and 71 Evidence Act)
  3. 3 Whether inordinate delay defeats claim for letters of administration

Ratio Decidendi

The presumption under Section 90 of the Evidence Act regarding documents thirty years old is inapplicable to wills; wills must be proved under Section 63(c) of the Indian Succession Act read with Section 68 of the Evidence Act, and where attesting witnesses are dead or unavailable Sections 69 and 71 permit proof by other evidence; on the facts the will was duly proved and letters of administration were correctly granted.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • There shall be no order as to costs