Case Note & Summary
The dispute arose from the execution of a will by Madamanchi Velugondaiah, who died in 1946, leaving behind his widow and daughters. The appellant, one of the daughters, claimed that the will executed on 2.7.45 was valid, while the respondent contested its genuineness. The Subordinate Judge initially upheld the will's validity, a decision concurred by the District Judge. However, the High Court reversed this, stating that the attesting witness, DW 2, did not meet the legal requirements for attestation as he had not signed or marked the will himself. The appellant contended that DW 2's name was written on the will by another person at his direction, thus qualifying him as an attesting witness. The Supreme Court examined the statutory provisions under the Indian Evidence Act and the Indian Succession Act, concluding that the law requires attesting witnesses to sign or mark the will personally. The court emphasized that the attestation cannot be delegated, and thus DW 2 was not a valid attesting witness. Consequently, the court upheld the High Court's decision that the will was not proved, leading to the dismissal of the appeal. The parties were directed to bear their respective costs.
Headnote
A) Wills - Attestation Requirements - Validity of Attestation - Indian Succession Act, 1925, Section 63 - The court held that for valid attestation, an attesting witness must sign or affix their mark themselves, as the statute does not allow delegation of this function. The absence of a valid attesting witness led to the conclusion that the will was not proved as required by law. Held that DW 2 was not an attesting witness (Paras 1-18).
Issue of Consideration
Whether a person who has not signed or made a mark on a will can be considered an attesting witness if another person signs or marks on their behalf.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's ruling that the will was not proved due to the lack of valid attestation.
Law Points
- Attestation of wills
- Validity of will execution
- Definition of signing
- Indian Evidence Act
- Indian Succession Act
