Home › Allied Laws › Yumnam Ongbi Tampha Ibema Devi v. Yumnam Joykumar Singh & Ors. (2009) 4 SCC 780

Yumnam Ongbi Tampha Ibema Devi v. Yumnam Joykumar Singh & Ors. (2009) 4 SCC 780

Indian Succession Act, 1925
S.63:Requirement of a valid will – The attesting witness should speak not only about the testators signature or affixing his mark to the will but also that each of the witnesses had signed the will in the presence of the testator.

As per provisions of Sec. 63 of the Succession Act, for the due execution of a will:

  1. the testator should sign or affix his mark to the will;
  2. the signature or the mark of the testator should be so placed that it should appear that it was intended thereby to give effect to the writing as a will;
  3. the will should be attested by two or more witnesses, and
  4. each of the said witnesses must have seen the testator signing or affixing his mark to the will and each of them should sign the will in the presence of the testator.

The attestation of the will is not an empty formality. It means signing a document for the purpose of testifying the signatures of the executant. It is not necessary that more than one witness be present at the same time and no particular form of attestation is necessary. The attesting witness should speak not only about the testators signature or affixing his mark to the will but also that each of the witnesses had signed the will in the presence of the testator.