In one of the Testamentary Petition the Registrar raised the objection that the Last Will and Testament though bears the signature of the Testator it does not bear the signatures of attesting witness though it is on registration page annexed to the Last Will and Testament and the same was not valid as per Section 63 (c) of the Indian Succession Act,1925.

The Court Held – the said Will is registered and their signatures appear on the registration page along with their photographs as witnesses, which forms part of the Last Will and Testament of the Deceased. Merely because the attesting witnesses have not signed on the Will itself, and therefore, to hold that the Will is invalid, is a hyper-technical approach.