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2006 Supreme(HP) 67

SURJIT SINGH
BHIKHAM – Appellant
Versus
GOVIND RAM – Respondent


Advocates Appeared:
Mr. G.R. Palsara, Advocate for the appellant. Mr. B.K. Malhotra, Advocate, for respondents No.1 to 4 for and none for other respondents.

JUDGEMENT

Surjit Singh, J. (Oral).: Heard and gone through the record.

2. In the present case, the only question that has been raised is whether the Will or late Chhanga Ram propounded by respondents No.1 to 4 (defendants No.1 to 4) is validly attested, within the meaning of Section 63 of the Indian Succession Act.

3. Chhanga Ram was the father of the appellants and respondents No.1 to 4 He allegedly executed a Will in favour of respondents No.1 to

4. The Will is scribed by an Advocate. It is signed by two persons one of them, namely Chamaru Ram, has signed it below the words "attesting witness" and the other one, namely Shri Puran Prakash Goel, Advocate, below the written word "identifier". The Will is duly registered Before the Sub Registrar also, the Will was signed by said Chamaru Ram and Puran Prakash Goel, as attesting witness and identifier, respectively.

4. The learned counsel for the appellants urges that the Will was required to be attested by two witnesses to meet the requirement of Section 63 but in the present case it is attested only by one witness, namely Chamaru Ram and that the other person, who signed the Will, was an identifier.

5. The respondents examined in the trial




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