Source: Supreme Court

Why in News?

Recently, the Supreme Court has held that for the purposes of Section 69 of the Indian Evidence Act,1872 (IEA) it is not enough to merely examine a random witness who asserts that he saw the attesting witness affix his signature in the Will.

• The aforesaid observation was made in the case of Moturu Nalini Kanth v. Gainedi Kaliprasad.

What is the Background of Moturu Nalini Kanth v. Gainedi Kaliprasad Case?

• In this case, Nalini Kanth (appellant) claimed to have been adopted by Venkubayamma, a 70-year-old woman, when he was less than 1 year old.
• The appellant claimed that he was adopted by her, by a registered Adoption Deed dated 20^th April 1982.
  • The appellant further claims that under a registered will deed dated 3^rd May 1982, Venkubayamma had bequeathed all her property to him.
• It was also claimed by the appellant that Venkubayamma had canceled her earlier Will Deed dated 26^th May 1981 executed in favor of Kaliprasad, her grandson.
• The appellant filed a suit for declaratory and consequential reliefs in respect of Venkubayamma’s properties.
  • This suit was contested by Kaliprasad.
• The learned Principal Subordinate Judge, Srikakulam, passed the judgment in favor of appellant.
  • However, in appeal, the High Court of Andhra Pradesh passed the judgment against the appellant and allowed the appeal filed by Kaliprasad.
• Thereafter another appeal was filed before the Supreme Court.
  • While dismissing the appeal, the Supreme Court confirmed the judgment of the Andhra Pradesh HC.

What were the Court’s Observations?

• A bench of Justices CT Ravikumar and Sanjay Kumar observed that for the purpose of proving the genuineness of a will under Section 69 of IEA, it is not enough to merely examine a random witness who asserts that he saw the attesting witness affix his signature in the Will.
• The very purpose and objective of insisting upon examination of at least one attesting witness to the Will would be entirely lost if such requirement is whittled down to just having a stray witness depose that he saw the attesting witness sign the Will.

What is Section 69 of the IEA?

About:

• This section deals with proving the authenticity of a document where no attesting witnesses are found.
• It states that if no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, 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 document is in the handwriting of that person.

Case Law:

• In the case of Ashutosh Samanta (Dead) by Lrs. & Ors. v. SM. Ranjan Bala Dasi & Ors. (2023), the Supreme Court noted that where the attesting witnesses died or could not be found, the propounder of the Will is not helpless, as Section 69 of the Evidence Act would be applicable.