DEVI BAI Vs. GODAWARI

JUDGEMENT

(1.) THE opposite party No. 1 Smt. Godawari wife of Girdhari Lal filed an application under Section 276 of the Indian Succession Act, 1925 (for short 'the Act') for grant of probate. It was stated that her mother Smt. Chhati Bai executed a Will only in her favour though she had three more sisters namely Smt. Devi wife of Mool Chand; Smt. Bhagwani wife of Righumal and Smt. Meera alias Smt. Gopi wife of Ram Chand Tekchandani. This Will relates to National Savings Certificates, Unit Trust of India Certificates and the Fixed deposits in the banks, made by Smt. Chhati Bai.

(2.) THE Will was drafted in English but the name of the scribe was not mentioned. THE two attesting witnesses were Purshottam Das son of Ghanshyam Das Sunder Israni.

(3.) IN the instant case there is no evidence on record to show that Purshottam Das and Sunder Israni the two attesting witnesses have seen the testator signing the Will and they themselves signed the same in his presence. It was not sufficient for them to have stated only this much that they have seen the testator signing the Will. IN addition to that it was the mandatory requirement of the law to make statement that they themselves signed the Will as attestinhg witnesses in the presence of the testator.