Question

As per Section 63 of Indian Succession Act, a Will should be attested by

• A. By two witnesses
• B. By two or more witnesses
• C. Only one witness who is not a relative of testator
• D. None of the above

Hint:

For attestation requirements, always remember the "two or more" rule for Wills under the Indian Succession Act. This is a strict and fundamental requirement for a Will's validity.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks about the requirement for the attestation of a Will as per Section 63 of the Indian Succession Act, 1925.

Step 2: Detailed Explanation:
Section 63 of the Indian Succession Act, 1925, lays down the rules for the execution of unprivileged Wills. Section 63(c) deals with attestation and states:
"The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary."
The key phrase is "two or more witnesses." This means a minimum of two witnesses is required, but more than two are also permissible.
- Option (A) "By two witnesses" is incomplete as it misses the "or more" part.
- Option (B) "By two or more witnesses" is the exact requirement stated in the section.
- Option (C) is incorrect. The law requires at least two witnesses, and there is no general prohibition on relatives being witnesses (though it might be inadvisable if they are beneficiaries).

Step 3: Final Answer:
According to Section 63, a Will must be attested by two or more witnesses.