2017 AP HIGH COURT - JUNE 7
1. Whether Section 90 of the Evidence Act, 1872, is applicable to the proof of a Will and the failure to apply the same by the Courts below is a perverse and unsustainable conclusion even concurrently and same is devoid of merits and even if so, for not specifically raised in the Courts below, whether open to raise and to consider in the second appeal? 2. Whether it is the wording of Section 63 of the Indian Succession Act, 1925 that is required to be reproduced by a witness in proof of a Will i.e., one of the attestors required to be examined or it is to be construed of the twin requirements from a reading of the evidence as a whole in appreciation with facts and law and, if so, the conclusions arrived by the Courts below of the Will is not proved by satisfying the twin requirements of Section 63 of the Act are perverse and unsustainable? 3. Whether the Will is shrouded with suspicious circumstances even same e...