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Section 68: Witness not disqualified by interest or by being executor

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 67 All 391 Sections of Indian Succession Act Section 69

Legal Commentary & Landmark Judgments: Section 68

Section 68 enacts that a person is not disqualified to be an attesting witness to a will merely by reason of being an executor, a creditor, or having an interest in the estate.

  • Evidentiary Admissibility Standard: Section 68 confirms the evidentiary competence of executors and creditors to act as attesting witnesses.
  • Evidentiary Proof & Admissibility: In estate administration, a testator often names a trusted professional, close friend, or family accountant as both an executor and an attesting witness.

Section 68 explicitly declares that no person shall, by reason of interest in the estate or by being an executor of the will, be disqualified to act as an attesting witness or be considered incompetent to give evidence proving the execution of the will. Because an executor does not take a beneficial legacy in their personal capacity (unless a separate specific legacy is given, which is governed by Sections 67 and 141), their fiduciary character does not impair the validity of their attestation.

Key Landmark Precedents:
  • Seth Beni Chand v. Kamla Kunwar, (1976) 4 SCC 554: The Supreme Court held that an executor named in a will is fully competent to be an attesting witness under Section 68, and their testimony establishing due execution is completely admissible to prove the will.
  • Kalyan Singh v. Chhoti, (1990) 1 SCC 266: The Supreme Court noted that the appointment of an executor as an attesting witness is authorized by Section 68 and does not by itself constitute a suspicious circumstance.
Legal Commentary:

Section 68 allows a named executor to attest the will without compromising the validity of the execution or their right to obtain probate. However, practitioners must ensure that the executor-witness is NOT ALSO a beneficial legatee; if they are a beneficiary, Section 67 will strike down their legacy even though their executorship and attestation survive.

Section 67 All 391 Sections of Indian Succession Act Section 69