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:

In law, precision matters. When a statute says "at least two" or "two or more", choose the option that reflects this inclusiveness over an option that states an exact number, as the latter can be interpreted as restrictive.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
Section 63 of the Indian Succession Act, 1925, lays down the formal requirements for the valid execution of an unprivileged Will. Attestation by witnesses is a crucial part of this process.

Step 2: Detailed Explanation:
Section 63(c) of the Act specifies the rules for attestation:
"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 here is "two or more witnesses". This means the minimum requirement is two, but more than two are also permissible.
- Option (A) "By two witnesses" is incomplete as it excludes the possibility of more than two.
- Option (B) "By two or more witnesses" perfectly captures the statutory language.
- Option (C) is incorrect as the requirement is at least two witnesses, and the law does not bar relatives from being witnesses (though it might be inadvisable in some cases to avoid challenges).

Step 3: Final Answer:
According to Section 63, a Will must be attested by a minimum of two witnesses, hence "two or more witnesses" is the correct description.