It was held in Chinoy & Ors. And Chinoy [TP/135/1990] that, “Rigour of Section 63 does not apply to Wills made by Mahomedan. Section 63 is the provision of the Indian Succession Act 1925 that requires attestation of a Will by at least two witnesses. This requirement is thus inapplicable to a Will made by a Mahomedan. Neither right as executor or legatee is required to be established under Indian Succession Act.

No Legislative enactments are found to make it compulsory for Mahomedans to have their Wills attested. The Succession Act does not apply to Mahomedans. Therefore, there is nothing which makes it compulsory on Mahomedans to attest their Wills.”