VidhiSangh

Supreme Court of India · 01/01/2025

GOPAL KRISHAN & ORS. versus DAULAT RAM & ORS.

[2025] 1 S.C.R. 93 · 2025 INSC 18

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that the words 'by the direction of the testator' in Section 63(c) of the Indian Succession Act, 1925 apply only where an attesting witness sees some other person sign the Will on the testator's behalf; where the witness saw the testator himself affix his mark, no direction need be proved. The High Court's finding that the Will was unproved was set aside and the first appellate court's decree upholding it restored.

Issues

  1. What the words 'by the direction of the testator' in Section 63(c) of the Indian Succession Act, 1925 mean and whether an attesting witness must depose that he attested at the testator's direction.
  2. Whether the High Court was right in holding the Will not proved because the attesting witness did not state that he affixed his thumb impression at the testator's direction.

Provisions considered

Held

Result

Appeal allowed; High Court's judgment in the second appeal set aside and the first appellate court's judgment restored, so the Will and the subsequent sale deeds executed by the appellant stand valid; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 93.