Section 69 of IEA : Section 69: Proof Where No Attesting Witness Found

Explanation using Example

Imagine John, an Indian citizen, has passed away and left a will that was executed in the United Kingdom. The will is now being presented in an Indian court for probate. However, none of the attesting witnesses who were present at the time of execution of the will can be located or are alive to testify. According to Section 69 of The Indian Evidence Act, 1872, in order to validate the will in the Indian court, it must be proved that the handwriting of at least one attesting witness is on the document, verifying their attestation. Additionally, it must be shown that the signature on the will belongs to John himself. This could be done through expert examination of the handwriting or by any other means that conclusively prove the authenticity of the signatures.