Will--Document 30 years Old -- Presumption Under Section 90 of Evidence Act Does Not Apply to Wills; Must Be Proved As Per Law
The presumption of validity available to documents exceeding thirty years under Section 90 of the Indian Evidence Act, 1872, does not apply to Wills. A Will must be proved by strict compliance with Section 63(c) of the Indian Succession Act, 1925, read with Section 68 of the Evidence Act, irrespective of its age. A Will speaks from the testator's death and remains revocable during lifetime; hence genuineness cannot be presumed from antiquity. Mere registration does not dispense with mandatory proof by attesting witnesses.
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