14 September, 2025 22:20 IST
Proving a will in India involves both statutory compliance and satisfying judicial scrutiny, particularly after recent Supreme Court clarifications in 2025. The legal framework rests primarily on the Indian Succession Act, 1925, the Indian Evidence Act, 1872, and in some jurisdictions, the Bharatiya Sakshya Adhiniyam, 2023. Under Section 59 of the ISA, the testator must be of sound mind and not a minor, and under Section 63, the will must be executed with the testator’s signature or mark and attested by at least two witnesses. The Evidence Act, through Section 68, further requires that at least one attesting witness be produced in court to prove execution, unless circumstances necessitate reliance on secondary evidence. The Supreme Court has clarified that the newer evidence law under the BSA cannot override these mandatory succession provisions.
The Court has also emphasized a crucial distinction between execution and genuineness of a will. Establishing that a will is executed in compliance with statutory requirements does not automatically imply that it is genuine. Courts must examine whether there are suspicious circumstances- such as evidence of undue influence, fraud, forgery, unnatural exclusion of heirs, or serious doubts about the testator’s health and the propounder carries the burden of dispelling such suspicion. Another significant clarification in 2025 rulings is that registration of a will, though helpful, is not conclusive proof of its validity. A will that is formally registered must still meet all the requirements of execution, attestation, and proof of the free will and capacity of the testator.
The Supreme Court has emphasized key principles when examining wills:
Execution vs. Genuineness: Proving execution (compliance with ISA and Evidence Act) is not identical to proving genuineness. Courts may still reject a will if suspicious circumstances (such as undue influence or forgery) are not dispelled by the propounder.
Registration is not conclusive: Merely registering a will does not prove validity. Statutory requirements like attestation and capacity still stand.
Witness Testimony remains critical: At least two witnesses must have attested the will. If they are deceased or unavailable, secondary evidence may be admitted, but the burden of proof becomes higher.
Testator’s mental capacity: The court must be satisfied that the testator understood the nature and consequences of the will at the time of execution.
The step-by-step process to prove a will in court thus involves first establishing the testator’s capacity, then proving due execution and formalities, followed by confirmation of attestation by credible witnesses. Attesting witnesses, if alive, must come to court and testify to execution. If they are unavailable due to death or other reasons, secondary evidence such as affidavits, corroborative statements, or documentary records may be permitted, but the proof burden becomes heavier. Finally, the propounder must address any suspicious circumstances that cast doubt on the will’s genuineness. Only if the court is satisfied that the will reflects the free and conscious intentions of the testator will it be upheld.
Step-by-Step Process to Prove a Will
Prove Testator’s Capacity: Show that the testator was of sound mind, aware of the nature of the document, and legally capable of making a will (ISA Section 59).
Prove Execution: Demonstrate that the testator signed or marked the will, or directed another to do so, with intent to make it operative (ISA Section 63).
Prove Attestation: Confirm that at least two witnesses attested the will in the presence of the testator. If witnesses are alive, they must testify (ISA Section 63 and Evidence Act Section 68).
Present in Court: Produce the original will and call available attesting witnesses for validation in proceedings.
Address Suspicious Circumstances: If the will appears unnatural, excludes heirs without explanation, or raises doubt about undue influence or fraud, the propounder must dispel such suspicion with supporting evidence (medical records, independent witness testimony, handwriting expert opinions).
Establish Genuineness: Beyond execution, courts ask whether the will represents the true, unfettered wishes of the testator. Fraud, coercion, or suspicious alterations can render a will unenforceable.
A hypothetical example illustrates this process well. If a father executes a registered will in favor of one son while excluding others, the court will still need more than registration to accept it. An attesting witness may confirm execution, but the challenger’s allegations of undue influence or ill health must be addressed with medical records, testimony, or expert handwriting analysis. If doubts remain unresolved, the will can be rejected despite meeting execution formalities. This principle was reiterated in the 2025 cases of Lilian Coelho v. Myra Philomena Coelho, where the Court emphasized the distinction between valid execution and genuineness, and Leela v. Muruganantham, which reaffirmed that registration cannot replace legal compliance.
Practically speaking, those dealing with wills should take precautions to preserve the validity of such instruments. Keeping the original will safely, retaining medical records of the testator’s condition at the time of execution, ensuring credible witnesses, and safeguarding handwriting specimens for verification are all prudent measures. Recording the circumstances of execution, including who was present and whether the testator acted independently, can also strengthen the authenticity of the will when later challenged in court. Thus, proving a will in India as of 2025 is not simply an exercise in formal compliance with the law but also a holistic process of demonstrating that the last wishes of the deceased were genuine, voluntary, and free from undue influence.