Indian Succession Act, 1925–Sec. 63–Evidence Act, 1872–Sec. 68–Will–Establishment–Attesting witnesses did not fulfill the mandates of Sec. 63(c) to prove the Will–Witnesses claimed that the testatrix affixed her signatures in the Will in their presence but the other witness C denied this fact–L stated that the testatrix used to meet him regularly for some work or other and she may have lived for 2-3 years after the execution of Will–However, testatrix allegedly died after one and half month of execution of Will–Further, he stated that the Will was got registered after two hours of its execution but the Will was registered after five days–Witness C denied the execution of Will in his presence–Neither the document writer nor anyone from the office of the Registrar was examined–Failure to comply the legal requirements of Sec. 63 of the Act and Secs. 68 & 71 of the Evidence Act–High Court rightly held that D was not entitled to succeed to the properties through the Will.
