Annie Thomas v. Rani Thomas - Will - Signature Not Disputed - Proof

Indian Evidence Act 1872 - Section 68 ; Indian Succession Act, 1925 - Section 63 -Even if the signature(s) of the testator are not in dispute in the Will but the Will still requires to be proved, in terms of Section 68 of the Evidence Act and Section 63(c) of the Indian Succession Act. [Context: Kerala High Court directed that a disputed Will be sent to a handwriting expert to verify the testator’s signature. Before the Supreme Court, the appellant accepted that the Will bears the signature of the testator, and the pleadings themselves indicated that only the testator’s free will and consent in executing the document were in dispute, not his signature. The Supreme Court therefore set aside the High Court’s direction for expert examination, allowed the appeal, and held that the Will must instead be proved in accordance with Section 68 of the Evidence Act and Section 63(c) of the Indian Succession Act]