Will – No evidence has been produced to prove the signatures of the executant – Finding of the both courts the Will have been proved is erroneous

[p&h] evidence Act, 1872 (1 of 1872) Section 68, 69 – will – Casts an obligation on the propounder to fulfill two requirements – Firstly, the identification of the signatures of one of the attesting witness, secondly, the signatures of the person executing the document is in his handwriting – In other words, a Will can be said to have been proved in accordance with Section 69 of the 1872 of Act, only when the propounder proves both the things – No evidence has been produced to prove the signatures of the executant – It would be noted here that the executant as well as one witness of the Will have identical names – Finding of the both courts the Will have been proved is erroneous – Matter remanded.

read here PLRonline 495573