C K SUCHARITA Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS is a petition for grant of probate of a Will alleged to have been executed by late Smt.P. Lakshmi Bhanu Rao on 21st August 2000. The petitioner is the executor of the Will, which is alleged to have been executed in the present of two witnesses namely Sh. P. Raj Kumar and Smt. Shashi Vashist. Under the Will, undivided half share of the testator in property No.32 (Old) and 38 (New), Barraby, Kilpauk, Chennai 600010 was bequeathed to her nephews N. Sivram and N. Bhaskar, vacant plot of land of about two grounds comprised in R.S. No.3129/9 of Puraswalkam, Perambur Taluk was bequeathed in equal shares to Mrs. M. Uma Rao, niece of the deceased and Mr. N. Bhaskar. Flat No.71, DDA (SFS) Gautam Apartments, Gautam Nagar, New Delhi-110049 was bequeathed to Mr. P. Uma Maheshwar Rao, hushand of the deceased, who was to have life interest therein and after his demise the flat was to devolve upon Mr. N. Sivram. All the investments such as mutual funds, UTI units, bonds, etc. were to go to the joint holder or the nominee as the case may be.

(2.) NO objection letters to grant of probate were filed by N. Uma Roa, N. Sivram and N. Bhaskar.

(3.) A bare perusal of Section 63(c) of Indian Succession Act would show that a Will is required to be attested by two or more witnesses and each of them must have seen the Testator sign or affixing his mark to the Will or should have seen some other person signing the Will in the presence and under the directions of the Testator or should have received a personal acknowledgement from the Testator with respect to his signature or mark or signature of the another person who signs the Will in the presence and under the direction of the Testator and it is also necessary that each witness should sign the Will in the presence of the Testator. This, however, is not the requirement of law in India that both the attesting witnesses should also sign in the presence of each other.