attest the Will. The attesting witness Sinkar has not
stated that the other attesting witness Wagle attested
the Will in his presence. On the other ... will. If the attesting
witness examined besides his attestation does not, in
his evidence, satisfy the requirements of attestation
of the will by other witness
were produced to prove the will. The trial court
held that the will was duly executed and attested and
ordered the issue of letters ... even if they are treated as attesting
witnesses, failed to prove due execution and attestation
of the will.
H.Venkatachala Iyengar v. B. N. Thimmajamma
attested at least by two
witnesses. At least one attesting witness has to be examined to prove execution
and attestation of the Will. Further ... attesting witnesses. While
making attestation, there must be an animus attestandi,
on the part of the attesting witness, meaning thereby, he
must intend to attest
thereby to give effect to the writing as a Will.
(c) The Will shall be attested by two or more witnesses, each of whom ... exposited that if the attesting
witness examined besides his attestation does not prove the requirement of
the attestation of the Will by the other witness
therefore, not been proved that both the attesting witnesses
either attested the Will in presence of each other or the testator had
acknowledged his signature ... other
attesting witness can be dispensed with. The one
attesting witness examined, in his evidence has to
satisfy the attestation of a will
Will was signed by Mrs. Vas and attested by
two attesters and the entire Will was in the own
handwriting of Mrs. Vas. These facts ... other attester D.P. Fermie put his
attestation after my attestation in
my presence and in the presence of
the testator. The deceased testator
Force Act, 1950
17. Mode of attestation.—
(1) When a person who is to be attested is reported fit for duty, or has completed ... this section shall contain a promise that the person to be attested will bear true allegiance to the Constitution of India as by law established
thumb impression on the Will Marked variances
between the signatures found at different places in the Will;
The Will which has not seen the: light ... with the intention of giving
effect to the Will, 'Further the sid Will has been attested by
two witnesses snd whether the witnesses have
give effect to the writing as a Will. Section 63 mandates that the
Will should be attested by two or more witnesses each of whom ... time and that no
particular form of attestation is necessary. The execution and
attestation of the Will are mandatory in nature and any failure
Army Act, 1950
17. Mode of attestation.
(1) When a person who is to be attested is reported fit for duty, or has completed ... this section shall contain a promise that the person to be attested will bear true allegiance to the Constitution of India as by law established
