Ganesan v. Kalanjiam

The appellant claimed a share in the suit property on the basis that it was joint family property (jointly owned estate). In the trial court, it was held that this property was a self-acquired property (independently acquired estate for which he holds the sole rights over it) of the deceased and that the Will had not been proven to be executed in accordance with the law. Thus, the appellants were held to be entitled to a 1/5th share. This decision was appealed and dismissed by the High Court. Aggrieved by this judgment, an appeal was preferred to the Supreme Court.

The signature of the testator was not challenged. The attesting witnesses stated that the testator (the person who made the Will) came to them individually with his signed Will and read out the contents to them, after which they attested the Will. On reading Section 63(c), the court was of the opinion that there was no express prescription that the testator must sign the Will in the presence of the attesting witnesses or that the testator must necessarily sign in the presence of each other along with the testator. Acknowledgement may be in the form of express words or impliedly (through conduct) or both. Thus, the manner in which the Will was attested was valid.