Is examination of the attesting witnesses under Section 68 of the Indian Evidence Act, 1872 necessary where execution of the document is admitted?

Hindu Succession Act, 1956 — s.14(1) — s.14(2) — Transfer of Property Act, 1882 — s.43 — Indian Evidence Act, 1872 — s.68 — Will — Life estate — Vested remainder — Alienation — Hindu Succession Act, 1956 — s.14(2) — Life estate under a Will — Not in lieu of maintenance — Held: A life estate not intended for maintenance does not enlarge into an absolute estate under Section 14(1) of the Hindu Succession Act, 1956. Where separate and abundant maintenance provisions exist, Section 14(2) alone applies. (¶16) Mitakshara — Self-acquired property — Bequest for absolute enjoyment — Separate property of the beneficiary — Held further: Property bequeathed under a Will for the absolute enjoyment of the beneficiary is separate property in his hands. Where the intention is to benefit his branch as well, it takes the character of joint family property. (¶20) Transfer of Property Act, 1882 — s.43 — Life estate holder and remainderman — Joint alienation valid — Held further: A life estate holder and the remainderman can together validly alienate the property covered under a Will, in the absence of any other interest holders. The title later acquired by the remainderman feeds the earlier transfer. (¶21, 26) Indian Evidence Act, 1872 — s.68 — Admitted execution — Attesting witness not required — Held further: Examination of the attesting witnesses under Section 68 of the Indian Evidence Act, 1872 is not necessary where execution of the document is admitted and it has been acted upon. Second Appeal allowed. (¶18, 27)