Nirmaljit Kaur vs State Of Punjab & Ors

The Supreme Court held that the purported Will dated 19.10.1996, claimed by the respondents, did not comply with Section 63 of the Indian Succession Act, 1925, as it was not properly attested by witnesses who were present during the signing. The Court ruled that the appointment of a guardian for the minor child by the deceased was invalid under Section 9 of the Hindu Minority and Guardianship Act, rendering the guardianship claim ineffective. Consequently, the Court upheld the petitioner’s right to custody of the child, emphasizing the need for adherence to statutory requirements in matters of guardianship and succession.