17/2003 Civil Revision Mst.Aisha Kazi and others (Applicant) V/S Anwar Ahmed (died),through his L.Rs. (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 12-FEB-19
The registration of a document does not help in proving the contents of the document. This burden is to be discharged separately under the Evidence Act, 1872 and/or the Qanun-e-Shahadat Order, 1984. Mere alleged registration does not prove the contents of the instrument. The quantum of evidence to establish a testamentary paper must always depend upon the circumstances of each case. Burden to prove execution lies on those propounding a Will to affirm positively execution of the Will. Opposite side should not be burdened with onus to prove that Will had not been executed or that it was a forged one.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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