YUMNAM ONGBI TAMPHA IBEMMA DEVI versus YUMNAM JOYKUMAR SINGH & ORS.

YUMNAM ONGBI TAMPHA IBEMMA DEVI versus YUMNAM JOYKUMAR SINGH & ORS.

The evidence of the key attesting witness (PW2) did not support due execution and attestation of the will; PW2 did not witness the testator's signature, did not know the nature of the document, and no attesting witness signed in the testator's presence, thus Section 68 of the Evidence Act was not complied with and the genuineness of the will was not proved.

Parties
Appellant: Yumnam Ongbi Tampha Ibemma Devi; Respondent: Yumnam Joykumar Singh
Jurisdiction
India
Judgment Date
06 March 2009
Procedural Posture
Civil Appeal / Appeal Against High Court's Order in First Appeal (original Probate Petition)
Outcome
appeal dismissed
Legal Topics
Execution of Will, Attestation Requirements, Proof of Documents
Succession Evidence Execution of Will Attestation Requirements Proof of Documents

Case Brief

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Parties

Yumnam Ongbi Tampha Ibemma Devi

Appellant

Yumnam Joykumar Singh

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court's Order in First Appeal (original Probate Petition)

Legal Issues

  1. 1 Whether the will in question was genuine and duly executed and attested as per Section 63 of the Succession Act, 1925, and Section 68 of the Evidence Act, 1872

Ratio Decidendi

The evidence of the key attesting witness (PW2) did not support due execution and attestation of the will; PW2 did not witness the testator's signature, did not know the nature of the document, and no attesting witness signed in the testator's presence, thus Section 68 of the Evidence Act was not complied with and the genuineness of the will was not proved.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.