The Supreme Court clarified the legal tests courts must use to decide whether a will is genuine. While a registered will shows the document was presented for registration, it does not prove its authenticity or proper execution. The Court noted that a will is treated like any other document but must undergo stricter scrutiny because the testator is no longer alive to confirm its validity.
The decision arose from a dispute over family property after Thankam died in 2011. One group of heirs relied on a registered will made in 1999, claiming she had left her property to them. Another heir contested the will and sought a partition of the estate.
The trial court held that the will had not been proved in accordance with the Indian Succession Act and Evidence Act, and it ordered a partition. The Kerala High Court reversed this order, upheld the will, and even criticized the trial judge, directing that he receive training. The Supreme Court set aside that judgment, saying a first appellate court cannot overturn a trial court’s findings without detailed analysis.
The Supreme Court reiterated that the beneficiary or executor must prove the testator’s signature, sound mental capacity, proper attestation by two witnesses, and must examine at least one attesting witness in court. Judges must be satisfied that the testator understood the will’s nature and contents before signing it. Medical records or a doctor’s certificate can help establish the testator’s mental capacity.
The Court summarized the legal requirements in six broad principles, including four fundamental questions the court must answer when a will is challenged after the testator’s death. The propounder must produce the original will, show it was executed properly, and examine at least one attesting witness. Any suspicious circumstances must be explained to dispel doubts, as emphasized in Sardari Lal v. Bishan Dass.
The ruling clarifies that registration alone does not validate a will; the burden lies on those relying on it to meet strict evidentiary standards. It reinforces the need for clear proof of free will and understanding of the will’s effect before it can be accepted by a court.