Succession Act, 1925 – Section 63 – Execution of unprivileged Wills – The requirement of Section 63 of the Indian Succession Act, 1925 cannot be said to have been fulfilled by mechanical compliance of the stipulations therein. Evidence of 8 meeting the requirement of the said provision must be reliable.
The High Court erred in formulating the question of law on the basis that the Will was proved in terms of Section 63 of the Indian Succession Act, 1925. In fact, both the factfinding Courts-the Trial Court and the First Appellate Court, had found that the Will was not proved. The evidences of the witnesses were disbelieved as they failed to inspire the confidence of fact finding Courts. The High Court, however, went into a detailed factual enquiry to come to its finding. We are of the opinion that an enquiry of such nature was impermissible while hearing an appeal under Section 100 of the Code of Civil Procedure, 1908.