One appellant filed a suit claiming share in the suit properties. Learned counsel for the appellant submitted that the Will was not signed by the testator in presence of the two attesting witnesses. Neither has the attesting witnesses signed together in presence of the testator. Learned counsel for the defendant contended that the attesting witnesses had received from the testator a personal acknowledgement of his signature on the Will. The Will was duly registered and the attesting witnesses had signed simultaneously in presence of the Sub-Registrar after the testator had signed.

The Supreme Court stated, “Where a testator asks a person to attest his Will, it is a reasonable inference that he was admitting that the Will had been executed by him. There is no express prescription in the statue that the testator must necessarily sign the Will in presence of the attesting witnesses only or that the two attesting witnesses must put their signatures on the Will simultaneously at the same time in presence of each other and the testator.”