SUPREME COURT CLARIFIES PROOF OF SUSPICIOUS WILLS
Case in NewsSupreme Court Clarifies Proof Of Suspicious Wills by holding attestation alone cannot establish a Will’s genuineness. |
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Case Overview
Case Name: Sardari Lal v. Bishan Dass & Ors.
The Supreme Court comprising Justice Manoj Misra & Justice K.V. Viswanathan held that proving the attestation of a Will alone is insufficient where suspicious circumstances surround its execution. The Court observed that the propounder must dispel all legitimate doubts & satisfy the judicial conscience that the Will represents the free and informed intention of the testator. The judgment set aside the Himachal Pradesh High Court’s decision which had upheld a registered Will dated 6 November 1974 and restored the findings of the Trial Court & First Appellate Court declaring the widow as the rightful owner of the property.
Key Aspects
The dispute concerned the validity of a registered Will allegedly executed by an illiterate agriculturist. The Supreme Court examined whether the surrounding suspicious circumstances had been satisfactorily explained.
- The widow claimed her husband died intestate making her the sole Class I heir.
- The respondents relied on a registered Will bequeathing the entire estate in their favour.
- The Trial Court & First Appellate Court rejected the Will due to suspicious circumstances.
- The High Court reversed the concurrent findings because attestation was proved.
- The Will excluded the testator’s wife without convincing justification.
- Unauthenticated alterations in the registration endorsement further weakened the Will’s credibility.
Legal Insights
The judgment reiterates that proof of execution alone does not establish the genuineness of a disputed Will.
Section 63, Indian Succession Act, 1925
- Prescribes the mode of execution & attestation of an unprivileged Will by the testator and attesting witnesses.
Section 68, Indian Evidence Act, 1872 (now Section 67, Bharatiya Sakshya Adhiniyam, 2023)
- Requires examination of at least 1 attesting witness to prove execution of a Will where such witness is available.
Suspicious Circumstances
- Where suspicious circumstances exist the propounder bears the additional burden of removing all legitimate doubts & satisfying the Court that the Will reflects the testator’s free and conscious intention.
Court’s Verdict
The Supreme Court allowed the appeal, set aside the Himachal Pradesh High Court’s judgment & restored the decisions of the Trial Court and First Appellate Court. It held that mere proof of attestation cannot establish a Will’s genuineness when suspicious circumstances remain unexplained thereby declaring the widow the lawful owner of the disputed property.
Source – Supreme Court of India
Read also – Bharatiya Sakshya Adhiniyam, 2023
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