LAWS(SC)-2019-7-164

GANESAN (D) Vs. KALANJIAM

Decided On July 11, 2019
Ganesan (D) Appellant
V/S
Kalanjiam Respondents

JUDGEMENT

(1.) The appellant filed a suit claiming share in the suit properties asserting them to be joint family properties. The Trial Court held that the suit property was the self-acquired property of the deceased who died intestate and genuineness of the Will had not been established in accordance with the law, entitling the appellant to 1/5th share. The appeal of the defendant was allowed holding that the signature of the testator was not in dispute and the testator was of sound mind. The Will was executed in accordance with Section 63 (c) of the Indian Succession Act, 1925 (hereinafter called "the Act") and proved by the attesting witnesses DW 3 and DW 4. The second appeal by the appellant was dismissed.

(2.) Section 63 (C) of the Indian Succession Act, 1925 reads as follows :

(3.) Learned counsel for the appellant submitted that the Will was not signed by the testator in presence of the two attesting witnesses. Neither had the attesting witnesses signed together in presence of the testator. Therefore, the genuineness of the Will cannot be said to have been established in accordance with the provisions of Section 63 (c) of the Indian Succession Act, 1925.