Attestation of a will requires the witness's own signature or mark; delegated signing is not enough.

A will requires strict compliance with Section 63 of the Indian Succession Act: while the testator may sign personally or through another person acting in his presence and by his direction, each attesting witness must himself sign or affix his mark in the testator's presence. The statute does not permit delegation of attestation, so a signature made by another person on behalf of a purported witness is insufficient. Section 68 of the Indian Evidence Act then requires proof through a valid attesting witness; without such proof, the will cannot be proved in accordance with law. On that basis, the appeal failed.

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Issues: Whether a person who has not himself signed or made any mark on a will can be treated as an attesting witness when another person, on his authority or direction, signs or makes a mark or writes his name on his behalf, and whether the will was proved in accordance with law.

Analysis: Section 63 of the Indian Succession Act requires the testator to sign or affix his mark, or have it signed by another person in his presence and by his direction, but it separately requires each attesting witness to sign the will in the presence of the testator. The provision makes a clear distinction between execution by the testator and attestation by witnesses. The enabling language that permits signature by another person for the testator is absent for attesting witnesses. Applying that statutory scheme, a witness cannot delegate the act of attestation to another person, and there must be physical contact between the witness and the signature or mark appearing on the document. Section 68 of the Indian Evidence Act requires proof of execution through at least one attesting witness, and in the absence of a valid attesting witness the will cannot be proved.

Conclusion: A person who has not himself signed or affixed his mark cannot be treated as an attesting witness merely because another person signed for him. The will was not proved as required by law, and the appeal failed.

Ratio Decidendi: For valid attestation of a will, an attesting witness must himself sign or affix his mark; signature by another person on his behalf does not satisfy Section 63 of the Indian Succession Act.

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