Facts of the case
Yumnam Ongbi Tampha Ibema Devi, claimed that her demised father-in-law (Yumnam Gouramani Singh) had executed a Will on August 13, 1986 in Imphal in accordance with law in the presence of two attesting witnesses. Through the Will he expressed his interest to transfer a plot of land in her favour. She sought a Letter of Administration based on this Will. The other heirs of the deceased person challenged the authenticity of the Will on the grounds that the father – in - law was in U.P and not Imphal on the said date of execution of the Will, and there were suspicious circumstances that were existing. Additionally, they argued that the attesting witness did not even understand the nature of the document he was attesting.
The District Court accepted the Appellant’s claim and ordered that a Letter of Administration be issued in her favour. The High Court, however, found that the evidence given by the witness was vague and that there could not be said to be due execution of the Will in question, thereby allowing the appeal.
Issue before the court
- Whether the due execution of the Will had been in accordance with the law and there existed no suspicious circumstances related to the attestation of the Will in question ?
Judgement
The Hon’ble Supreme Court dismissed the Appeal and held that clause 4 of Section 63 of the Indian Succession Act, 1925 states that each of the witnesses must have seen the testator (the person making the Will) signing or affixing his mark to the Will, and each of them should sign the Will in the presence of the testator. The Court emphasized that attestation of the Will is not an empty formality; it involves signing a document to testify to the signatures of the testator. The Supreme Court found that the trial court had not recorded reasons for its conclusions and had failed to frame any issues regarding the validity of the will. The evidence given by the witness did not support the claim of due execution and attestation of the will.