Mechanical Compliance Of Stipulations U/Sec 63 Indian Succession Act Does Not Prove Execution Of Will

Case: State of Haryana vs Harnam Singh (D)

Coram: Justices L. Nageswara Rao and Aniruddha Bose

Case No.: CA 6825 of 2008

Court Observation: “The requirement of Section 63 of the Indian Succession Act, 1925 cannot be said to have been fulfilled by mechanical compliance of the stipulations therein. Evidence of meeting the requirement of the said provision must be reliable.”

“Thus, the High Court erred in formulating the question of law on the basis that the Will was proved in terms of Section 63 9 of the Indian Succession Act, 1925. In fact, both the fact-finding Courts-the Trial Court and the First Appellate Court, had found that the Will was not proved. The evidences of the witnesses were disbelieved as they failed to inspire the confidence of fact finding Courts. The High Court, however, went into a detailed factual enquiry to come to its finding. We are of the opinion that an enquiry of such nature was impermissible while hearing an appeal under Section 100 of the Code of Civil Procedure, 1908.”

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