Witness not disqualified by interest or by being executor

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Suresh Manilal Mehta vs Varsha Bhadresh Joshi

   High Court 02 Dec 2016 Persuasive (High Court) Reportable

   Court's Decision & Legal Precedent

   The right to apply for probate under Article 137 of the Limitation Act, 1963 is a continuing right that can be exercised at any time after the testator's death so long as the right to do so survives. The limitation period begins when the right to apply accrues, which is when it becomes necessary to apply, not from the date of death. Delay beyond three years from the date of death arouses suspicion, but once execution and attestation of the Will are proved, the suspicion of delay no longer operates and cannot be equated with an absolute bar of limitation. A testator need not be in perfect physical or mental health to execute a valid Will; so long as the testator has sufficient capacity to discern and discreetly judge the matters that enter into a rational, fair, and just testament, testamentary capacity is established. Chronic ailments such as diabetes, hypertension, and heart disease do not per se constitute lack of testamentary capacity. Allegations of forgery must be supported by credible evidence, including expert handwriting analysis; bare assertions without foundation are insufficient. In testamentary jurisdiction, the court exercises circumspection, not suspicion, and the test is not of absolute exactitude or great precision.

   On this section: Requires evidence of at least one attesting witness for documents required by law to be attested, such as Wills

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.