SURINDER KUMAR GROVER Vs. STATE

JUDGEMENT

(1.) The short point involved in this matter is as to whether the Will, subject matter of the probate alleged to have been executed by late Sh K.K.Grover, has been proved or not in accordance with law. The execution of a Will can be proved by following provisions contained under Section 68 of the Evidence Act which reads as under: "Section 68 - Proof of execution of document required by law to be attested If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence: [Provided that it shall be necessary to call an attesting witness in proof of the execution of any document, not being a Will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied."

(2.) However, how a Will is to be executed is provided for under Section 63 of the Succession Act which reads as under:

(3.) A bare perusal of the aforesaid Section and in particular Section 63(c) shows that a Will has to attested by at least two witnesses who should see the testator putting their signatures on the Will in their presence and the testator to see attestation of the Will by the two witnesses named therein.