LI Network
Published on: October 9, 2023 at 00:36 IST
The Supreme Court of India reiterated the requirement of at least one attesting witness for proving the execution of a Will, in accordance with Section 68 of the Indian Evidence Act, 1872 (IEA) and Section 63 of the Indian Succession Act, 1925 (ISA).
A Bench comprising Justice C.T. Ravikumar and Justice Sanjay Kumar emphasized, “Section 68 of the Evidence Act necessitates the presence of at least one attesting witness to validate the execution of a Will under Section 63 of the Succession Act. In this case, neither Lok Nath Attri nor Chaman Lal fulfilled this crucial requirement, rendering the Will’s execution unverified.”
The appeal before the Court arose from a dispute over the properties left by Sohan Lal, Leela Devi’s husband, under her Will. Dhani Ram, the son of Leela Devi’s brother, contested Shiv Singh, the son of Sohan Lal’s brother, over the validity of the Will.
The Courts at various levels had differing opinions on the Will’s validity, with the High Court ultimately deeming it invalid due to inconsistencies in the statements of the attesting witnesses.
The Supreme Court noted the conflicting statements of Lok Nath Attri and Chaman Lal, the attesting witnesses. While Attri asserted that Leela Devi signed the Will in his presence and in the presence of Chaman Lal, Chaman Lal claimed that he signed the document at Dhani Ram’s request and never saw Leela Devi sign it. This disparity, coupled with the failure of both witnesses to confirm that they signed the Will in the testator’s presence as required by Section 63(c) of the ISA, rendered the Will’s validity questionable.
The Court also highlighted the absence of additional evidence to support the Will’s execution. Ghanshyam Dutt Sharma, the document writer, and officials from the Registrar’s Office at Kasauli were not examined, leaving a gap in proving the execution.
Considering these factors, the Court ruled that Dhani Ram failed to meet the burden of providing substantial evidence to validate the Will. Consequently, the property would pass to Shiv Singh through intestate succession under Section 15 of the ISA.
With this judgment, the Supreme Court reaffirms the legal requirement of attesting witnesses in validating Wills, ensuring the integrity of the testamentary process in India.
Also Read: Supreme Court Defines Key Principles for Validity and Execution of Wills in Landmark Ruling