The Supreme Court has clarified that a registered Will is not automatically proof of its genuineness, and courts must look beyond registration to verify whether the document reflects the deceased’s free and voluntary wishes. This ruling comes as inheritance disputes over property, investments, and family wealth are rising sharply in India.
The Court held that the burden of proof lies with the claimant, who must prove that the Will was executed voluntarily, that the testator was of sound mind, and that there were no suspicious circumstances such as fraud, coercion, or undue influence.
Legal Tests and Evidence
Legal experts note a valid Will must comply with Section 63 of the Indian Succession Act, 1925: it must be signed by the testator, attested by at least two witnesses who saw the signing, and made voluntarily by a person of sound mind. If contested, at least one attesting witness typically must testify.
Experts stress that witnesses should not be beneficiaries, and that the testator must be mentally capable at the time of signing. Registration helps, but isn’t proof A key point from the ruling: registration adds evidentiary weight but doesn’t validate a Will or create a presumption of genuineness.
Parijat Singh Surendran, principal associate at Foresight Law Offices India, noted that registration is “only one relevant circumstance,” and even a registered Will can be rejected if surrounding facts create legitimate doubts about its authenticity.
Examining the Will’s Authenticity
There’s no fixed checklist, but courts commonly examine unexplained exclusion of natural heirs, active involvement of the main beneficiary in drafting the Will, the testator’s illness or mental incapacity, doubtful signatures or alterations, signs of coercion, inconsistent witness testimony, and unnatural property distribution.
Experts recommend preserving the original Will, witness details, medical records establishing mental fitness, registration records, and any documents explaining unequal distribution or exclusions. Testimony from attesting witnesses is often the most important evidence in determining a Will’s validity.
Courts in India have consistently held that the registration of a Will is not sufficient to prove its genuineness. Instead, they must examine the surrounding circumstances and evidence to determine whether the Will is valid.