SUMITRA DEVI Vs. STATE OF DELHI

JUDGEMENT

(1.) THE issue that arises for consideration is: whether a document purporting to be an unprivileged 'will' attested by only one witness can be probated by the Court.

(2.) AT the very outset, it would be pertinent to note the relevant statutory provisions in this regard.

(3.) SECTION 2 (h) of the Indian Succession Act, 1925 (the Act) gives the definition of a 'will'. It reads as under: 2 (h) 'will' means the legal declaration ofthe intention of a testator with respect to hisproperty which he desires to be carried intoeffect after his death.