Will Can’t Be Presumed To Be Valid Merely Because It Is Registered: Supreme Court

Case: Dhani Ram (died) through LRs. & others V. Shiv Singh

Coram: Justice C.T. Ravikumar and Justice Sanjay Kumar

Case No.: Civil Appeal No. 8172 of 2009

Court Observation: “…the Trial Court rightly opined that mere registration of the Will would not be sufficient to prove its validity, as its lawful execution necessarily had to be proved in accordance with Section 68 of the Indian Evidence Act, 1872 (for brevity, ‘the Evidence Act’), and Section 63 of the Indian Succession Act, 1925 (for brevity, ‘the Succession Act’)”

“Section 68 of the Evidence Act requires at least one attesting witness to the Will to prove its execution in terms of Section 63 of the Succession Act”

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Keywords

Will Can’t Be Presumed to be valid