ORDER :

The appellant filed a suit claiming share in the suit properties asserting them to be joint family properties. The Trial Court held that the suit property was the self-acquired property of the deceased who died intestate and genuineness of the Will had not been established in accordance with the law, entitling the appellant to 1/5th share. The appeal of the defendant was allowed holding that the signature of the testator was not in dispute and the testator was of sound mind. The Will was executed in accordance with Section 63 (c) of the Indian Succession Act, 1925 (hereinafter called “the Act”) and proved by the attesting witnesses DW 3 and DW 4. The second appeal by the appellant was dismissed.

2. Section 63 (C) of the Indian Succession Act, 1925 reads as follows :

“63 (c). The Will shall be 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 other person sign the Will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgement of his signature or mark, or the signature of such other person; and each of the witnesses shall sign the Will in the presenc