Section 69 can be invoked to prove a Will only when it is impossible to prove its execution through an attesting witness under Section 68. In Pazhanathal (Dead) Through LRs. & Ors. v. Alamathal (Dead) Through LRs. — 2026 INSC 860, the Supreme Court clarified that Section 69 is an exceptional mode of proof, not an alternative to the ordinary requirement under Section 68.
The propounder must establish with cogent evidence that all attesting witnesses are dead or unavailable. If their unavailability is not satisfactorily proved, or if suspicious circumstances surrounding the Will remain unexplained, the Will cannot be accepted as a valid testamentary disposition.