Simply proving that signature on Will was that of testator - Not enough - Requirement of its attestation by 2 or more witnesses, is mandatory - One attesting witness if able to prove execution - Examination of other attesting witness can be dispensed with.

Citation

AIR 2003 SUPREME COURT 761

SUPREME COURT

(From : Bombay)*

DORAISWAMY RAJU , J. and SHIVARAJ V. PATIL , J.

Civil Appeal No. 11194 of 1995, D/- 17 - 12 - 2002

Janki Narayan Bhoir Appellant v. Narayan Namdeo Kadam Respondent.

(A)Succession Act (39 of 1925), S.63(c) - Evidence Act (1 of 1872), S.68 - Execution of Will -

Proof of - Simply proving that signature on Will was that of testator - Not enough - Requirement

of its attestation by 2 or more witnesses, is mandatory - Attestation must be proved to have been

made as required by S. 63(c) of Succession Act - One attesting witness if able to prove execution

i.e. if satisfies requirement of attestation of Will by other witness also - Examination of other

attesting witness can be dispensed with.