Hira Lal vs Om Prakash on 5 May, 2025
16. As per law, a Will is mandatorily required to be attested by
two attesting witnesses but there is no provision under law that on account
of absence of addresses of the said witnesses, the said document cannot be
read. It is also noticed that in the entire examination in chief as well as
cross-examination of PW-1 Smt. Seema, when the said documents were
being exhibited as Ex. PW1/2 (colly), not even a single objection was
raised by the Ld. Counsel for the defendant on the mode of proof of the said
documents. However, now the ld. Counsel for the defendant argued that
there is no date of notary public who attested the said document. As per
law, the GPA and Will is not required to be compulsorily attested by any
CS DJ 552/17 Page no.11 of 15
Hira Lal Vs. Om Prakash
Notary public nor they are required to be registered. Therefore, if there is
no date of attestation of the said documents, no benefit of the same can be
given to the defendant.