JUDGMENT :

B.P. COLABAWALLA, J.

1. The Present matter is moved for directions.

2. In this matter, earlier a caveat was filed by one Mrs. Juthica Lalit Jhangiani who is the niece of the deceased. By an order dated 14th October, 2020, this Court set aside the caveat and further directed the office of the Prothonotary and Senior Master to process the grant for probate of the last Will and Testament of the deceased Malti Parmanand Chatpar, if it was otherwise found in order.

3. Pursuant to said order the above Testamentary Petition was listed before the Testamentary Registrar on 21st December, 2020 when the Registrar raised the objection that the said last Will and Testament dated 11.11.2008, has only been signed by the deceased and not by the attesting witnesses. Further, the Registrar also observed that the attesting witnesses to the Will were present at the time of registration of the Will of the deceased and which was on the same date of its execution, i.e. 11th November, 2008. According to the Testamentary Department, considering that both the attesting witnesses had not signed on the Will, the same was not valid as per Section 63(c) of the Indian Succession Act, 1925 (for short the “