Will cannot be presumed genuine under Section 90 of Indian Evidence Act merely because it is more than 30 years old: Supreme Court

A division bench of Justices S Ravindra Bhat and Hima Kohli was of the view that the genuineness of the will has to be proved in terms of Sections 63(c) of Indian Succession Act and Section 68 of Indian Evidence Act.
Supreme Court of India
Supreme Court of India

The Supreme Court recently observed that presumption under Section 90 of the Indian Evidence Act with regard to the genuineness and regularity of documents which are more than 30 years old, is inapplicable when it comes to a will [Ashutosh Samanta (D) by LRs and Others v. SM. Ranjan Bala Dasi and Others].

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