contents thereof, annexed, and stating— (a) the time of the testator’s death, (b) that the writing annexed is his last Will and testament
Indian Succession Act, 1925
63. Execution of unprivileged Wills.—
Every testator, not being a soldier employed in an expedition or engaged in actual warfare ... shall execute his Will according to the following rules:— (a) The testator shall sign or shall affix his mark to the Will, or it shall
execution of the
will, proof of testamentary capacity and signature of the
testator as required by law may be sufficient to discharge
the onus.
Where ... signature in the instant case could raise
a presumption as to the testator's knowledge of the contents
of the will.
Surendra Nath Chatterji
sons of Ramtaran Banerjee deceased
(hereinafter referred to as the testator). They had been appointed
executors under a will purported to have been executed ... testator on
August 29, 1943. The testator was about 97 years old when he died on April
1, 1947. The appellants applied for probate
presence on the
Will. He also stated in his statement that the testator Chanan
Singh could converse at the time of the execution ... support him on every
aspect. The requirement of law is that the testator should put
his mark on the Will in the presence
legally incapable or refuses to act, or who has died before the testator or before he has proved the Will, or (c) the executor dies
grantor.
Scope of Will
14. A will is the testament of the testator. It is a posthumous
disposition of the estate of the testator directing ... intended to come
into effect only after the death of the testator and is revocable at
any time during the life time of the testator
Lane house shall devolve upon the legal heirs of
the testator on the death of Satyawati. On the date of the
death of Satyawati ... individual" in the said exception do not and
cannot comprehend the testator. They refer to a person other
than the testator. The High Court
Succession Act
"63. Execution of unprivileged wills.-
Every testator, not being a soldier
employed in an expedition or engaged in
actual warfare ... attested by
two or more witnesses, each of
whom has seen the testator sign
or affix his mark to the will
or has seen some
execution of the last Will of a deceased person is, by the testator’s appointment, confided; (cc) “India” means the territory of India excluding ... competent jurisdiction with a grant of administration to the estate of the testator; (g) “State” includes any division of India having a Court