vi) In Afzal-Ur-Rehman Khan Vs. State &Anr., 150 (2008) DLT
185 it was held that under Section 63 of Indian Succession Act,
no requirement in law that both witnesses of the will have to be
present in company of each other and both have to see, in
presence of other witness, the execution of the Will by the
testator. It is sufficient for the two attesting witnesses to see or
be told by testator of execution of Will in absence of each other.
In the present case both the attesting witnesses have admitted
i.e. Sanjay Agarwal and Dr.P.K. Dubey that executor signed the
Will in their presence. But above all three defendants admit to
the execution of Will having filed it before DDA themselves.
Counsel for the applicant relied upon AfzalUrRehman Khan
v. State, 2008(150) DLT 185 and Sajnay Suri v. State., 2003(71) DRJ
ACJ(South)PHC,N.D.
16.09.09.