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CS Professional · Internal and Forensic Audit · Forensic Audit and Indian Evidence Law

A will of the late Mr. Dinesh Rao was proved and admitted to probate by a High Court in India. In a later suit about the estate, how may its contents be proved under Section 94?

The will may be proved by the probate itself. Exception 2 to Section 94 provides that wills admitted to probate in India may be proved by the probate, so re-calling attesting witnesses or producing only the original will is not required.

  1. ABy the probate itself, under Exception 2Correct
  2. BOnly by calling all attesting witnesses again
  3. COnly by oral evidence of the executors
  4. DOnly by the original will with no alternative

Explanation

Section 94 generally requires the document itself or admissible secondary evidence, but Exception 2 allows wills admitted to probate in India to be proved by the probate. The other options ignore this exception.

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