Asha Devi vs Narendra Jangbahadur on 8 July, 2026

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    . Heard learned counsel for the appellant and learned

    counsel for the Respondents.

    SPONSORED

    9. Learned counsel for the appellant submitted that the

    appellant has proved execution of the Will by attesting

    witnesses, testamentary capacity of the testatrix and voluntary

    nature of execution of the Will and despite such proof, the Court

    below wrongly dismissed the probate petition. It was submitted

    that the deceased voluntarily executed the Will in a sound state

    of mind in favour of the appellant, who had been taking care of

    her. Learned counsel contended that the requirements under

    Section 63 of the Indian Succession Act and Section 68 of the

    Evidence Act were fully complied with because the attesting
    Patna High Court FA No.19 of 2020 dt.08-07-2026

    witnesses proved with regard to execution of the Will. In this

    regard, reliance was placed on H. Venkatachala Iyengar v. B.N.

    Thimmajamma reported in (AIR 1959 SC 443) to emphasize

    that suspicious alone cannot override clear proof of execution

    and attestation.



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