AIR 1965 KERALA 32 ::1964 Ker LT 676

Kerala High Court

Hon'ble Judge(s): T. C. Raghavan , J

(A) Succession Act (39 of 1925) , S.63(c)— Registered will - Attesting witness deposing that he did see testator sign will nor attested it in his presence - There is no proper attestation. Where an attesting witness to a registered will deposed that he did not see the testator sign the will and that he attested the will on being satisfied that the signature in the will was that of the testator and even that he did not in the presence of the testator : Held that the evidence of the witness did not establish proper attestation as provided in S. 63.(Para 3) (B) Succession Act (39 of 1925) , S.63(c)— Transfer of Property Act (4 of 1882) , S.3— Registration of Will not requiring registration - Sub-Registrar and identifying witnesses may become attesting witnesses. Evidence Act (1 of 1872) , S.68— In a case coming under the Transfer of Property Act, where a document becomes complete and valid only on registration, the Sub-Registrar and the identifying witnesses at registration may not become attesting witnesses. But in a case where the document is a will which does not require registration, the Sub-Registrar and the identifying witnesses, if they conform to the law regarding attestation, may become attesting witnesses.....