Nirmaljit Kaur vs State of Punjab & Ors.

The Supreme Court addressed the validity of a Will under Section 63 of the Indian Succession Act, 1925, ruling that the Will was invalid as it did not comply with the statutory requirement of attestation by witnesses in the presence of the testator. The Court held that the appointment of a guardian under the Will was ineffective as per Section 9 of the Hindu Minority and Guardianship Act, rendering the claim of guardianship by the respondent null and void. The Court ultimately upheld the petitioner’s right to custody of the minor child, Simran, emphasizing the need for compliance with legal provisions in matters of guardianship and succession.