AIROnline 2023 SC 790 ::AIR 2023 SC (Civ) 2725 ::2024 (1) Andh LD 62

Supreme Court Of India

Hon'ble Judge(s): C. T. Ravikumar, Sanjay Kumar , JJ

(A) Succession Act (39 of 1925) , S.63(c)— Execution of Will - Proof - Though one witness claimed that testator affixed her signatures on the Will in their presence, it was vehemently denied by other attesting witness - First witness also did not state that he affixed his signature on the Will in presence of testator - Thus, neither of the attesting witnesses fulfilled mandate of S.63(c) to prove Will. (Para 23) (B) Succession Act (39 of 1925) , S.63— Execution of Will - Evidence of attesting witness - Credibility - Witness claimed that he had good relations with testator and that she would meet him regularly for some work or other - Testator lived for barely a month and a half after execution of Will - However witness deposed that testator may have lived for 2 - 3 years after execution of Will - Will was made on one date and registered on another date - However witness deposed that making of Will and its registration took place on same day - Evidence of witness did not inspire confidence on more grounds than one - Since witness did not recall such crucial details , doubt was casted on his credibility. (Para 24 25) ....