JUDGMENT: The grant of succession certificate is being challenged in this appeal. The Will of one Gopi Pillai dated 26.8.1979 is the basis of these proceedings. Gopi Pillai had two children through his first wife who are the appellants herein and one son and three daughters through his second wife. The son is the respondent herein. It is not in dispute that the first appellant herein was not well disposed towards his father Gopi Pillai. During Gopi Pillai’s lifetime, the father and son fought several legal battles. Gopi Pillai died on 12.9.1988. It is the case of the first appellant that on 11.9.1988, he executed a Will, thereby revoking all previous Wills. The respondent herein applied for grant of succession certificate in his favour on the basis of the Will dated 26.8.1979. This was granted by the Court below against which the present appeal has been filed.

2. Mr.T.V.Ramanujam, learned senior counsel appearing for the appellants submitted that the Will must be attested by two or more witnesses in accordance with Sec.63 of the Indian Succession Act and therefore, the Will can be used in evidence only by calling at least one of the attesting witnesses for proving its execution as

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