proof of execution of will in case probate is claimed
the factum of execution of the will and its attestation which by the same would have to be proved is not a matter of procedure but of substance. Whereas the proof by one attesting witness or any other witness may be guided lex fori, the fact that the execution of the will by the proof of the testator affixing his signature in the presence of the attesting witnesses and the attesting witnesses attesting the will in the presence of the testator, being the matter of substance, would be as per lex causae. That aspect would, therefore, be governed by Section 63 of the Indian Succession Act and no other provision.
Bombay High Court
Dr. Devika Damji Shah vs Rashmi Mukesh Shah & Anr on 27 July, 2012
Bench: R. S. Dalvi
Date of pronouncing the Judgment th : 27 JULY, 2012.
JUDGMENT
1. This Notice of Motion is taken out by defendant No.1 for dismissal of the suit and release of the assets of the deceased whose estate is being administered. The deceased was one Dr. Mukesh Ramji Shah. The plaintiff is the mother of the deceased (mother). Defendant No.1 is the wife of the deceased (wife). Defendant No.2 is the son of the dec
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