Succession Act, 1925

Succession Act, 1925 (39 of 1925) – Does not provide for any ceiling on number of attesting witnesses - The registration of the Will is a separate step - At the time of registration, normally the registration authority insist on attestation of the document by a person known to Sub Registrar – Counsel for the appellants could not point out any provision which debars a different second witness at the time of registration.      (2018-3) PUNJAB LAW REPORTER

Succession Act, 1925 (39 of 1925) Section 63 – Testamentary document is attested by five witnesses – The testamentary document is required to be attested by two witnesses, however, there is no restriction that the witnesses cannot be more than two(2018-3) PUNJAB LAW REPORTER.

Succession Act, 1925 (39 of 1925) Section 63(c) – Scope – Did not utter a word that she appended her signatures on the direction of the testator, thus, it is apparent that she had not deposed in terms of the provisions of Section 63 (c) of the Indian Succession Act. (2018-3) PUNJAB LAW REPORTER


Succession Act, 1925 (39 of 1925) Section 63(c), Clause 6 – Will – Retired Tehsildar, could not state a word with regard to the fact that the witnesses had appended signatures in his presence on the ''Directions of the Testator'' or his personal acknowledgement, therefore, the compliance of Section 63(c) of the 1925 Act is conspicuously wanting - Even if, the other witness had been examined or deposed that the other witness was present at the time of the execution, it did not suffice the requirement of provisions for proving the Will – Will also did not mention about existence of the wife and son, though according to the case set up by the defendants, there was an litigation drawn between the parties, but reasons were required to be assigned by the testator for dis-entitling the natural lineage or line of Succession.    (2018-2) PUNJAB LAW REPORTER 

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