Brajesh Singh vs Smt. Neelam Singh on 20 August, 2024
24. The Supreme Court in the case of Bharp
Bharpur
Singh and others v. Shamsher Singh,Singh, reported in
(2009) 3 SCC 687 has held that it may be true that
Will was a registered one, but the same by itself
would not mean that the statutory requirements of
proving the Will need not be complied with. In terms
off Section 63(c), Succession Act, 1925 and Section
68, Evidence Act, 1872, the propounder of a Will
must prove its execution by examining one or more
attesting witnesses and propounder of Will must
prove that the Will was signed by the testator in a
sound and and disposing state of mind duly
understanding the nature and effect of disposition
and he put his signature on the document of his own
free Will.