Wills--Probate--Will Already Probated Need Not Be Re-Proved in Subsequent Civil Proceedings
Once probate is granted in respect of a Will, the probate judgment operates in rem and the Will need not be proved afresh under Section 68 of the Indian Evidence Act in subsequent civil proceedings. Section 68 requires examination of at least one attesting witness to prove execution of an attested document, but this requirement stands satisfied by a prior probate order binding all parties. Further, limitation in a Will-based claim begins to run only when entitlement is asserted and denied, not from mere awareness of the relevant transaction.
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