The execution and attestation of a Will must be in accordance with the requirements of Section 63 of the Indian Succession Act. An illiterate testator can execute a Will through a scribe in their presence and by their direction, and the attesting witnesses must sign the Will in the presence of the testator.

( 1 ) THIS appeal is directed against the decision dated 29-9-56 of Shri P. C. De, Additional District Judge, Berhampur granting Letters of Administration with Will annexed in favour of the respondent in respect of the estate of one Annapurna Debi.

( 2 ) DECEASED Annapurna Debi, the testatrix by her last will dated 13-10-52 gave away all her move-able and immoveable properties to her younger brother, Vaisya Raju Laxman Murty Raju, the respondent in this appeal. The testatrix who was married to Kotini Madhusudan Subudhi left her husband's home: sometime prior to her deadi and came to her father's house at Konaiput where she executed this Will just two days prior to her death. The respondent filed an application u/s. 278 of the Indian Succession Act in the Court of the District Judge, Ganjam to prove the Will and to obtain necessary Letters of Administration.

( 3 ) THE application was first opposed by Kotini Madhusudhan Subudhi, the husband of the testatrix and, after his death, by the present appellant, Kotini Rabi Narayan Subudhi, who was substituted as the legal representative of the said Madhusudhan Subudhi. The Case of the appellant is that deceased Annapurna Debi, the second wife of Madhusudhan. Subudhi bore no issue,-male or female. They brought up the appellant in their house from his infancy and adopted him. The appellant challenged the valid execution of the Will on the ground that she had no testamentary capacity or any sound disposing state of mind at the time of execution of the Will and that, it has not been executed or attested in accordance with law. The brothers of the testatrix managed to make a false Will with a view to get her properties.

( 4 ) THE learned Additional District Judge, however, negatived the contentions of the appellant and held that the Will (Ext. 1) was a genuine document: that the testatrix was in a sound disposing state of mind; and that it was duly executed and attested. He, therefore, granted Letters of Administration to the applicant-respondent.

( 5 ) MR. Sinha, the learned counsel for the appellant challenged the correctness of the decision of the Court below and raised the following contentions, viz. , (i) that the Will has not been duly executed and attested in accordance with the requirements of law and (ii) that the testatrix was not in a sound disposing state of mind and had no independent advice available to her.

( 6 ) BEFORE proceeding to examine the correctness of the contentions, I think, it is necessary at this stage to examine the legal elements necessary to constitute a valid Will and the formalities required for the same. Section 63 of the Indian Succession Act provides as follows:

"63. Every testator, not being a soldier. . . . . shall execute his Will according to the following rules: (a) The testator shall sign or shall affix his mark to the Will, or it shall be signed by some other person in his presence and by his direction. (b) The signature or mark of the testator or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a Will. (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 acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary. "

( 7 ) WE will now proceed to examine the evidence on record to determine if the Present Will satisfies the above requirements. The scribe of the Will (P. W. 1) has stated:

"annapurna told me to scribe her Will in such a manner that her brother, Lakhman Murty Raju would get all her prope