Act No. 39 of 1925
Court
High Court
Case Number
Civil Appeal No. 7435 of 2018
Judgement Date
1 April 2026
The Supreme Court reaffirmed that a Will executed by a Hindu testator in a non-HUF capacity is governed by the Indian Succession Act, 1925 and must be attested by two witnesses who are present simultaneously.
Background
The appellant challenged a probate granted by the High Court on the ground that the Will was not properly attested under Section 63 of the Indian Succession Act, 1925.
Key Issues
• Whether simultaneous presence of both attesting witnesses is mandatory
• Whether a beneficiary named in the Will can act as an attesting witness
Held by the Court
The Supreme Court held that:
1. Both witnesses must be present at the same time when the testator signs.
2. A beneficiary can act as attesting witness, but risks losing their bequest if they are the only attesting witness.
3. Registration is not mandatory for a Will to be valid, but creates a strong presumption of authenticity.
Significance
This judgement is the leading authority on attestation requirements for Wills under Indian law and is routinely cited in probate proceedings across High Courts.