Janki Narayan Bhoir vs Narayan Namdeo Kadam on 17 December, 2002
Learned counsel for the appellant very emphatically and
repeatedly referred to requirement of Section 63(c) of the Indian Succession
Act, 1925 (in short - the Act) relating to mode of attestation of the Will by
at least two witnesses. It was contended with vehemence that requirements
of the said provision have not been complied with as DW-4 Puran Chand
Sharma has not stated that both the attesting witnesses signed the Will in the
presence of the testator or that the testator signed the Will in the presence of
both the witnesses. Reliance in support of this contention has also been
placed on two judgments of Hon'ble Supreme Court namely Janki Narayan
Bhoir vs. Narayan Namdeo Kadam reported as 2003 (1) R. C. R.
(Civil) 409 and Moonga Devi etc. vs. Radha Ballab reported as 1972
Cur. L. J. 717.