Wills must be executed and attested in compliance with statutory requirements, failure of which impacts their validity.

COMMON ORDER

These Review applications have been filed to graciously review the order dated 28.04.2023 passed in S.A.Nos.415 and 416 of 2016 by this Court.

2.The petitioner prays to review the order dated 28.04.2023 passed by this Court in S.A.Nos.415 and 416 of 2016 on the following grounds:

"1.The judgment passed by this Court is against law.

2.The respondent relied upon registered Will dated

24.08.2001 in respect of item No.2 of the suit property in O.S.No.796 of 2012 and the said Will, claimed to be in favour of the plaintiffs, has not been proved as provided under law viz. Section 68 of the Indian Evidence Act and Section 63 of the Indian Succession Act.

3.The respondent herein relied upon another Will dated

07.11.2001 in respect of item 1 of the suit property in O.S.No.796 of 2012 and the said Will, claimed to be in favour of the plaintiffs, has not been proved as provided under law viz. Section 68 of the Indian Evidence Act and Section 63 of the Indian Succession Act.

4.The Evidence of PW2, who is said to be the attestor of the Wills under Ex.A23 and A24 dated 24.08.2001 and 07.11.2001, does not satisfy the requirements of compliance of "attestation", within the meaning of Section 68 of the Indian Evidence Act and Section 63 of the Indian Succession Act.

5.The Evidence of PW2 relied on by this Court, even in the Chief Examination, has not categorically and particularly stated, the compliance of Section 68 of the Indian Evidence Act and Section

63 of the Indian Succession Act.

6.The evidence of PW2 in his chief examination has stated that the testator Rajamma has appended her signatures in their presence in the place where the subject Will was prepared and thereafter the said Will was registered in the concerned office of the Sub Registrar and whereas in the cross examination, PW2 has categorically stated that he testator Rajamma has not appended her signature in the office of the document writer and the Will was executed by appending the signature of the testator only in the office of the Sub Registrar, in so far as Ex.A23 is concerned.

7.In so far as Ex.A24 is concerned dated 07.11.2001, also the said Will was executed only in the office of the document writer and as respects this document - Ex.A24, the testator appended her signature earlier in the presence of PW2 and another and thereafter PW2 attested the said Will and thereafter other Attestor Panneerselvam appended his signature, and whereas in the cross examination, the PW2 has taken a "U" turn and stated that Ex.A24 was attested by PW2 and another witness Panneerselvam and only thereafter, the testator Rajamma appended her signature.

8.The observation in paragraph 11 of the judgment that the

1st defendant namely the Review Petitioner in his evidence admitted the execution of these Wills by testator Rajammal will not relieve the plaintiffs from proving the Will in the manner known to law, since they are beneficiaries of the said Will.

9.There is no evidence of attestation within a meaning of Section 68 of the Indian Evidence Act and Section 63 of the Indian Succession Act. The observation of this Court in paragraph 12 of the judgment that the defendants bound to prove the Will - Exhibits B2 and B3 (the Review Applicant), is applicable to Exs.A23 and A24 also, a Will relied on by the respondents 1 and 2 in this review petition.

10.The PW2 is the witness namely the attestor to Exs.A23 and A24 and in paragraph 14 of the proof affidavit, he has stated that he has appended his signatures in the presence of the scribe of the Will, the other witness Resipaul and the 2nd defendant William and thereafter in paragraph 15, he has stated that the other witness Resipaul appended his signature in the presence of everybody, in so far as Ex.A23 is concerned and the above evidence in chief by PW2, will not amount to compliance of Section 63 of the Indian Succession Act, since there is no assertion by PW2 that he and the other witness Resipaul signed the said Will in the presence of the Testato