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Head Note

Indian Succession Act, 1925  - Section 372 , Section 63 , The Indian Evidence Act,1872  - Section 68

Will - Proof of Execution - Succession Certificate - Evidence showed that these two attesting witnesses have been able to satisfactorily prove the execution of the Will dated 15.11.2023 and the attestation thereof by two witnesses, as required in law - Signature of the testator on these documents has been endorsed by both the handwriting experts - Report of the Forensic Science Laboratory also corroborates this finding - View expressed by NAW 1 that though the signatures are genuine, those had been obtained on blank papers, which later on were converted into the Will, in the face of the overwhelming testimony of AW 3, and A4, had been rightly rejected by the High Court - Recitals of the Will also provide sufficient justification for the bequest in favour of Respondent No. 1 - The fact that wife and daughter of the testator had, at all relevant time, supported the Respondent No. 1 in his initiatives to obtain the succession certificate is also a formidable factor in his favour as well as in endorsement of the genuineness of the Will, dated 15.11.2023 - Will dated 23.12.2023 though had been registered yet no steps had been taken by the non-applicants to obtain the probate thereof - Dispensation made by the testator in favour of the Respondent No. 1 cannot be repudiated to be in defiance of logic or unfair vis-à-vis the other members of the family - Do not find as well, any vitiating or suspicious circumstance invalidating the bequest - Conclusions recorded by the High Court held to be plausible being based on the materials on record and thus do not warrant any interference in the appeals.

Topic(s)-Will - Proof of Execution - Will proved