A. Kamala Bai (D) vs B. Kanna Rao (D) - Will - Attesting Witness

Indian Succession Act - Section 63 ; Indian Evidence Act - Section 78 - Will - To prove the execution of will, one of the attesting witnesses is to be examined mandatorily - Even if it is not necessary for a attesting witness to know the contents of the will, the question remains that he has to depose in Court, in no uncertain terms, that he has prepared the chief affidavit under his own instructions so that the credibility of the witness is assessed in the Court as a true attestor as required under Section 63 (c) of the Succession Act and Section 68 of the Indian Evidence Act. If there is slightest doubt about the credibility of the sole attesting witness, holding the will to be a genuine one would be extremely difficult for the Court. (Para 14) [Context: In this case, Supreme Court found that, as the sole attesting witness examined before the Court admitted that his chief affidavit i.e. the examination in chief was not recorded under his instructions nor does he know the contents of his examination in chief, the evidentiary value of his statement in cross-examination is seriously dented]