In Brief
This case addresses how to interpret Section 63(c) of the Indian Succession Act, which governs valid Will execution and attestation. The testator, Sanjhi Ram, executed a Will in November 2005 in favour of his nephew. The High Court set aside the Will, finding the attesting witness failed to explicitly testify that he affixed his thumb impression 'by direction' of the testator. The Supreme Court held that 'direction' applies only when another person signs on behalf of the testator. Where a witness testifies to seeing the testator himself affix his mark, no explicit mention of direction is required. The Will was valid; the appeal was allowed.
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