EVIDENCE – Examination-in-chief by affidavit – Validity – Witness disowning affidavit Paras 11–14 Where an attesting witness admits that: the examination-in-chief affidavit was not prepared on his instructions, and he does not know its contents, Held, such affidavit loses evidentiary sanctity, and the witness’s testimony becomes unreliable for proving execution of the Will.

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EVIDENCE – Examination-in-chief by affidavit – Validity – Witness disowning affidavit

Paras 11–14

Where an attesting witness admits that:

• the examination-in-chief affidavit was not prepared on his instructions, and
• he does not know its contents,

Held, such affidavit loses evidentiary sanctity, and the witness’s testimony becomes unreliable for proving execution of the Will.

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WILL – Proof – Requirement of “credible attesting witness” – Not mere formal compliance

Paras 14–15

Although law requires examination of at least one attesting witness, mere formal examination is insufficient.

Held, the attesting witness must:

• credibly depose, and
• inspire confidence regarding execution and attestation.

If credibility is doubtful, proof of Will fails notwithstanding formal compliance.

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EVIDENCE – Cross-examination – Cannot cure foundational defect

Para 13

Where the examination-in-chief itself is disowned, reliance on statements in cross-examination cannot cure the foundational defect, particularly when the witness:

• expresses ignorance about the Will itself.

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WILL – Knowledge of contents – Relevance for attesting witness

Para 14

Though it is not mandatory that an attesting witness know the contents of the Will,

Held, where the witness:

• disowns his affidavit, and
• shows lack of awareness even about execution,

such circumstances create serious doubt about genuineness of attestation.

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EVIDENCE – Principle – Testimony must be read as a whole

Para 13

Held, evidence cannot be dissected in parts; it must be appreciated as a whole.
If, on holistic reading, testimony does not inspire confidence, it must be rejected.

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SUCCESSION – Burden of proof – On propounder of Will

Paras 11, 15

Held, the propounder carries strict burden to prove:

• due execution, and
• valid attestation of the Will.

Failure to discharge this burden results in rejection of claim to represent estate.

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IMPORTANT DOCTRINAL TAKEAWAY (CORE RATIO CLARIFIED)

Paras 13–15

Proof of a Will is not a ritualistic compliance of examining one attesting witness; it requires credible, trustworthy, and legally reliable testimony, failing which the Will must be rejected.