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Report No. 185

Section 69

The 69th Report recommended (para 32.37 & 32.30) for replacing the word by the word 'will' and for omitting the words "or if the document purports to have been executed in the United Kingdom". We agree but propose a slight change.

The revised section, as recommended, should be as follows:

"69. Proof where no attesting witness is found.- If no such attesting witness can be found as specified under sub-section (1) of section 68, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the will is in the handwriting of the executant of the will."

Section 70

We recommend section 70 to be revised as follows:

"70. Admission of execution by party to attested will.- The admission by the executant of an attested will of its execution shall, if such admission is made during his lifetime in a pleading or otherwise in the course of a suit or proceeding, be sufficient proof of its execution as against those who dispute the execution, though the will is one required by law to be attested."

Review of the Indian Evidence Act, 1872 Back

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