Har Narain vs Budh Ram on 29 May, 1991
(52) Reliance has also been placed on Kishan Singh v. Nichhattar Singh, , wherein the testator was a deaf and dumb person and bad cancer of the back and head It was held that there is no legal bar to will away the property by a perso who is deaf and dumb. The testator who was dumb and deaf made a registered will in favor of the defendant who was mentioned as his sister's son therein and the will was scribed by an Advocate and the same was written on the basis of the questions and answers, which were put to the Principal of the School for the Deaf and Dumb who answered the same, in writing, after getting the answers from deceased testator by putting the necessary signs to him in view of the question asked by him, and even after writing the will, a certificate was obtained from the Principal who certified that the contents of the will had been explained by him to the testator by signs and gestures, and the testator had thumb marked the same in token of its correctness and the Registrar who registered the Will was also produced and he had registered the will afler being satisfied from the expert, viz. Principal of the School for the Deaf and Dumb, and after getting the necessary certificate. It could not be said that the Will was not a valid document. It follows that a testator of a will does not have to be found to be in perfect state of health to have his will declared valid. The only criteria is that the testator was capable of understanding the nature of his act, which was fully proved in this case. Further, the mere fact that the propoander of the will was presrnt at the time of the execution of the will alone is not sufficient to doubt the genuineness of the will.