Section 63 of ISA : Section 63: Execution Of Unprivileged Wills

Explanation using Example

Imagine Mr. Sharma, a retired bank manager, decides to draft his will. He has a house, some savings, and family heirlooms that he wishes to distribute among his children and grandchildren after his passing. To ensure his will is legally binding, he follows the rules laid out in Section 63 of The Indian Succession Act, 1925:

1. Mr. Sharma, in good health and sound mind, personally signs at the bottom of the last page of his will to demonstrate his intention to create the document. If he were unable to sign due to a disability, he could direct someone else to sign on his behalf in his presence.
2. His signature is placed at the end of the document, clearly indicating his intent for the document to serve as his last will and testament.
3. After signing the will, Mr. Sharma calls his two neighbors, Mrs. Gupta and Mr. Iyer, to serve as witnesses. They both watch as Mr. Sharma signs his will. Then, each neighbor signs the will themselves in Mr. Sharma's presence, thereby attesting to the authenticity of Mr. Sharma's signature and the will itself. It's not necessary for Mrs. Gupta and Mr. Iyer to be present at the same time; they can sign as witnesses separately.

By following these steps, Mr. Sharma's will is properly executed according to the law, ensuring that his wishes will be respected and legally recognized after his death.