GOPAL KRISHAN & ORS. versus DAULAT RAM & ORS.

GOPAL KRISHAN & ORS. versus DAULAT RAM & ORS.

Section 63(c) must be read disjunctively; testimony of the attesting witness that he saw the testator affix his mark satisfied the requirements of Section 63(c) without need to show that the mark was appended 'at the direction' of the testator, so the High Court erred in holding the Will unproved; the Will and the subsequent sale deeds are valid.

Parties
Appellant: Gopal Krishan & Ors.; Respondent: Daulat Ram & Ors.
Jurisdiction
India
Judgment Date
01 January 2025
Procedural Posture
Civil Appeal / Appeal to Supreme Court Judgment Delivered 02 January 2025
Outcome
Appeal allowed
Legal Topics
Will, Testator, Mental Faculties, Attesting Witnesses, Direction of the Testator, Section 63 of Succession Act, 1925, Proof of Execution of Wills, Sale Deeds
Succession Law Civil Procedure Will Testator Mental Faculties Attesting Witnesses Direction of the Testator Section 63 of Succession Act, 1925 +2 more

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Parties

Gopal Krishan & Ors.

Appellant

Daulat Ram & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court Judgment Delivered 02 January 2025

Legal Issues

  1. 1 What is the meaning and scope of the phrase 'by the direction of the testator' in Section 63(c) of the Indian Succession Act, 1925?
  2. 2 Whether the Will dated 07.11.2005 was proved and consequently whether the subsequent sale deeds are valid

Ratio Decidendi

Section 63(c) must be read disjunctively; testimony of the attesting witness that he saw the testator affix his mark satisfied the requirements of Section 63(c) without need to show that the mark was appended 'at the direction' of the testator, so the High Court erred in holding the Will unproved; the Will and the subsequent sale deeds are valid.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the High Court dated 26.03.2018 is set aside
  • Judgment of the Lower Appellate Court is restored