In Brief
The appellant sought a share in property claimed to be joint family assets, while the defendant relied on a will executed by the deceased. The court examined whether the will complied with Section 63(c) of the Indian Succession Act, which prescribes attestation requirements. The sole issue was whether the testator must sign in the presence of both attesting witnesses simultaneously. The court held that the statute provides alternatives: personal acknowledgement of signature suffices alongside individual attestation. The will was validly executed when the testator acknowledged it to each witness separately, who then attested in his presence. No requirement exists for simultaneous or joint presence. The appeal was dismissed."
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