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Showing contexts for: draft document in Surinder Kumar Grover vs State & Ors on 24 January, 2011Matching Fragments
12. It may also be observed that if the attesting witness examined in the court besides his attestation does not satisfy the requirement of attestation of the Will by other witness , it falls short of the attestation of the Will by two witnesses, for simple reasons that there should be fulfillment and proof of all the formalities required under Section 63 of Indian Succession Act. In the instant case statement of only attesting witness St. Champa Khanna cannot be relied because she was an interested witness, the beneficiary under the Will is her son-in-law. Further her statement that the deceased who was 75 years old and suffering from several ailments took her along with him and got the documents drafted typed and executed on three different occasions i.e on 26.01.1993 he took her for execution of the Will Ex. PW1/1, on 28.04.1993 for cancellation of the Will in favour of Satish Grover and on 13.09.1993 again for execution of a fresh Will in favour of the appellant could not be believed and therefore the lower Court was right in holding that the Will was not a validly executed Will.