Grant of Probate -- Production of Original Will -- Mere production insufficient without proof of execution and attestation
(i) Indian Succession Act, 1925, S.63 -- Grant of Probate -- Production of Original Will -- Mere production of the original Will or exhibition of a certified copy does not amount to proof of the Will. The document must be exhibited through a witness and confronted to the attesting witnesses. Marking a document as an exhibit does not by itself prove its execution or the signature appearing on it. (ii) Indian Evidence Act, 1872, S.68 -- Grant of Probate -- Testimony of Attesting Witnesses -- Due attestation of a Will is not proved where none of the attesting witnesses specifically depose to having signed the Will in presence of the testator. Probate can be granted only upon satisfactory proof of attestation, since grant of probate may deprive a natural heir of due share.
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