Contradictory Witness Statements Lead to Failure in Proving Will Execution: Supreme Court

07 May 2024 8:19 AM

By: Admin

In a significant legal ruling, the Supreme Court of India has upheld a judgment that emphasizes the importance of adherence to legal requirements in proving the execution of a disputed will. The decision, rendered by a bench comprising Hon'ble Justices C.T. Ravikumar and Sanjay Kumar, underscores the crucial role of witness statements in establishing the validity of wills.

The case in question involved a disputed will purportedly executed by Leela Devi in favor of Dhani Ram. The trial court had initially disbelieved the will, but the appellate court had reversed the judgment in favor of Dhani Ram. However, the Himachal Pradesh High Court subsequently overturned the appellate court's decision, leading to a special leave appeal filed by Dhani Ram.

The critical issue in this case revolved around the execution of the will, and the court focused on the statements of the attesting witnesses. The witnesses provided contradictory accounts of the events surrounding the will, which raised doubts about its validity. Justice Sanjay Kumar, delivering the verdict, highlighted the significance of complying with legal requirements, stating, "Mere registration would not sanctify a document by attaching to it an irrebuttable presumption of genuineness." He further cited precedents that emphasized the need for careful scrutiny of registered wills.

The court found that neither of the attesting witnesses fulfilled the legal requirements mandated by Section 63(c) of the Indian Succession Act. While Lok Nath Attri claimed that Leela Devi signed the will in their presence, Chaman Lal vehemently denied this. Moreover, Lok Nath Attri did not state that he signed the will in the presence of Leela Devi, a crucial requirement for will execution.

In light of these contradictions and the failure to establish the execution of the will in accordance with legal requirements, the court upheld the decision of the Himachal Pradesh High Court. As a result, the appeal was dismissed, and Dhani Ram's claim based on the disputed will was rejected.

This judgment serves as a reminder of the meticulous scrutiny applied by the courts in cases involving wills and the critical role of attesting witnesses in proving their validity. It reinforces the principle that compliance with legal requirements is essential when establishing the execution of wills, preventing potential disputes and ensuring the rightful distribution of assets in accordance with the law.

Date of Decision: October 6, 2023

Dhani Ram (died) through LRs. & others vs Shiv Singh