ONKAR PERSHAD Vs. JAGDISH PERSHAD

JUDGEMENT

(1.) This is an appeal against an ordER passed by the learned District Judge, Karnal, at Rohtak sitting on the probate side refusing to grant Letters of Administration with the Will annexed for want of proper attestation as required by law.

(2.) The testator was one Jowala Parshad who made a Will on the 27th of July, 1943 in favour of his younger son Onkar Parshad. This Will was executed at Delhi and is marked Ex. P. 1. The Will is scribed by Sham Lal P. W. 1 and purports to have been attested by Jagdish Parshad P. W. 2 and Dr. P. D. Bharge. Jowala Parshad died on the 21st of October 1943, at the age of about 73. Before this will was written there was a separation between the father and the sons and each one of them had received his share of the family property. The learned District Judge found that the Will is not proved because the provisions of Section 63 of the Indian Succession Act have not been complied with.

(3.) In appeal Mr. Fakir Chand Mltal submitted that the Will must be taken to have been attested by Jagdish Parshad whose attestation has been held valid by the Court and by Sham Lal p. W. 1, the scribe. I am unable to agree with Mr. Mital's submissions. In the first place, the attestation of Jagdish Parshad P. W. 2 does not appear to be in accordance with the provisions of Section 63 of the Succession Act. In the evidence of Jagdish Par-shad there is no suggestion that the Will was attested by him, in the presence of the testator, although he does state that the testator signed it in his presence.