Presumption of 30-Year-Old Documents vs. Proof of Will: High Court Explains Section 90 Evidence Act.

Описание: In this video on LawDarpan, we discuss a crucial judgment from the High Court of Chhattisgarh regarding the validity of a 30-year-old registered Will. Does the age of a document guarantee its legality? Let’s dive into the details of the case Rampyare & Anr vs. Ramkishun & Anr (SA No. 183 of 2021).

Key Highlights of the Judgment:


The Dispute: The appellants claimed ownership of property based on a registered Will executed in 1958 by their grandfather, Mahadev.


The Legal Argument: The appellants argued that since the Will was more than 30 years old and came from proper custody, it should be presumed valid under Section 90 of the Indian Evidence Act.


Court’s Ruling on Section 90: The High Court, relying on Supreme Court precedents, clarified that the presumption of 30-year-old documents does not apply to Wills.


Mandatory Proof: A Will must be strictly proved under Section 63(c) of the Succession Act and Section 68 of the Evidence Act by examining at least one attesting witness.


The Outcome: Since the scribe and attesting witnesses had died and no other legal effort was made to prove the execution, the Court dismissed the appeal and held the Will as "not proved".

Why this matters: This judgment serves as a warning that mere registration or the age of a Will is not enough to secure property rights in court.

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