N KAMALAM (DEAD) . vs AYYASAMY — C.A. No. 3164 - 3166/1997

Case Summary: N. Kamalam v. Ayyasamy Court Decision: The Supreme Court dismissed the appeal and upheld the High Court's decision invalidating a will dated 29.1.1969. The Court held that the will failed to meet statutory requirements for valid execution under Section 63 of the Indian Succession Act because the two named attesting witnesses (D. Subbayya and P. Govindaraju) were never examined in court, and their non-examination was not satisfactorily explained. While the scribe (Arunachalam) signed the document, the Court ruled that a scribe's signature cannot substitute for proper attestation by witnesses with the requisite intent (*animo attestandi*). The statutory requirement of attestation cannot be waived by technical arguments or justice considerations when named witnesses remain unexamined and available. This case analysis is maintained by casestatus.in based on publicly available court records.