"(A) INDIAN SUCCESSION ACT, 1925 — SECTION 2(h) — Will — Proof of — Legal requirements — Duty of the Court — Five steps to be considered — HELD, Under the Act, the Will to be valid, should be reduced into writing, signed by the testator and shall be attested by two or more witnesses and at least one attesting witnesses shall be examined. If these legal requirements are not found, in the eye of law there is no Will at all. Therefore, the first step is that if the documents produced before the Court prima facie do not satisfy these legal requirements, the Court need not make any further enquiry, in so far as its due execution is concerned and can negative a claim based on the said document — FURTHER HELD, The second step is that when the legal heirs are disinherited, the Court has to scrutinize the evidence with greater degree of care than usual — The third step would be to find out whether the testator was in a sound state of mind at the terms of executing the Will — The fourth step would be to find out whether there exists any suspicious circumstances surrounding the execution of the Will — The fifth step is to consider whether the Will that is executing is in accordance with Section 63 of the Act read with Section 68 of the Evidence Act.
