Handwriting Experts Cannot Override Oral Evidence in Any Will Deed: HC

Hyderabad: The Telangana High Court upheld the decision of a lower court in declaring that the report of handwriting experts does not override the oral evidence adduced by the attesting witnesses in considering and ascertaining the veracity of such evidence, while dealing with conflict over a will deed.

Justice P. Sam Koshy was dealing with a civil revision petition filed by one Goondla Jyothi, who challenged the orders of city civil court in not considering the report of handwriting experts as proof to decide the conflict on validity of a will deed. She sought relief under Section 45 of the Indian Evidence Act seeking for an expert opinion on the veracity of the signatures of defence witnesses.

The Additional Chief Judge of the City Civil Court declared that if the attester died, it could examine persons who can identify the signature of the deceased. In the instant case, two attesters of the will deed were alive and examined. One of them identified the signature in the said will.

The civil court said that expert opinion is only an opinion for corroboration and not a conclusive proof. Hence expert reports cannot override the oral evidence adduced by the witness.

This was challenged by Jyothi before the High Court. Justice Sam Koshy, while upholding the decision of the City Civil court, recalled that Section 68 of the Indian Evidence Act requires examination of at least one attesting witness to the will to prove its execution in terms of Section 63 of the Act.

The judge said that the need for an expert opinion of a signature would primarily be required in the event of witnesses not being alive.