Proof of Will

  Proof of Will

Proof of attestation is  not proof of genuineness of will where suspicious circumstances exist.

Proof of will is not just an exercise to prove the signature of the testator on the will and its attestation in terms of Section 63 of the Succession Act. Rather, it is an exercise to satisfy the court's conscience that the testator has signed the will with free will, being aware of its contents and after understanding the nature and effect of the dispositions in the Will. [Sardari Lal vs Bishan Dass, 2026 SCC OnLine SC 1266, pr. 27-32].

(1)  Mode of proving a Will does not ordinarily differ from that of proving any other document except for the special requirement of attestation. [Rani Purnima Debi]. [H. Venkatachala Iyengar].

(2)  Mere examination of attesting witness is not enough where a will is surrounded by suspicious circumstances. [Sardari Lal vs Bishan Dass, 2026 SCC OnLine SC 1266, pr. 27].

(3)  Where suspicious circumstances exist, the propounder bears the additional burden of explaining those circumstances and dispelling those doubts and satisfying the judicial conscience that the document truly represents the free and informed wishes of the testator. [Sardari Lal vs Bishan Dass, 2026 SCC OnLine SC 1266, pr. 27,32].

(4)  When suspicious circumstances are raised, it is the duty of the court to call upon the propounder to remove such suspicious circumstances and satisfy its conscience. [Sardari Lal vs Bishan Dass, 2026 SCC OnLine SC 1266, pr. 31]. [Lilian Coelho vs Myra Philomena Coalho]. [Jaswant Kaur vs Amrit Kaur, pr. 9].

(5)  Judicial pronouncements have left the phrase "suspicious circumstances" open-ended so as to encompass any circumstance which creates doubt about the expression of the free will of the testator, though it would not include a figment of imagination or fantasy of a doubting mind. Such doubt may arise from:- a shaky or doubtful signature of the testator, a feeble or uncertain mind of the testator, an unfair disposition of property, an unjust exclusion of the legal heirs, particularly the dependents,  an active or leading part played by the beneficiary in the making of the will, etc. [Sardari Lal vs Bishan Dass, 2026 SCC OnLine SC 1266, pr. 28, 30]. [Shivakumar].

(6)  Court can consider circumstances beyond the Will. [Sardari Lal vs Bishan Dass, 2026 SCC OnLine SC 1266, pr. 29]. [Kalyan Singh, London Trained Cutter, Johri Bazar, Jaipur v. Smt. Chhoti]. 

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