INTRODUCTION
Today, I will talk about the case of Murthy
and Others v. C. Saradambal and Others, 2021 SCC OnLine SC 1219,
wherein the Hon’ble Supreme Court discussed the manner in which a ‘Will’ could
be proved.
MEANING
Briefly speaking, a ‘Will’ is “a document by
which a person directs his or her estate to be distributed upon death.”
It connotes a broad range of documents that could be made by any person to
express his intention to distribute his properties to certain persons after
his/her death. There are many types of Wills such as conditional will, joint
will, mutual will, postnuptial will, prenuptial will, soldier’s will,
privileged will, unprivileged will etc. But on the present show, our discussion
shall remain confined to the manner of proving a Will before the Court.
To know more about Wills, please visit my earlier
show accessible here.
IMPORTANT LEGAL PROVISIONS
It is pertinent to note that the nature of proof
required for a testament/will as opposed to any other document is different and
distinguishable. In this regard, S. 67 and S. 68 of the Indian Evidence Act and
S. 59 and S. 63 of the Indian Succession Act, may be apposite for perusal. They
are as follows: -
a. Under S. 67 of the Indian Evidence Act, the
signature of the person who is alleged to have signed the Will must be proved
to be in his handwriting by seeking the opinion of relevant persons and
experts.
b. S. 68 of the Indian Evidence Act provides that the
Will shall not be used as evidence until at least one attesting Witness has
been called for the purpose of proving its execution.
c. S. 59 of the Indian Succession provides that “every
person of sound mind, not being a minor, may dispose of his property by will.”
Who is a person of sound mind has also been provided in this provision. And
d. S. 63 of the Indian Succession Act stipulates
that the testator must sign on the Will in a manner that reflects his intention
to give effect to the Will. It further provides that the Will must be attested
by two or more witnesses.
MANNER OF PROVING A WILL
After discussing the legal provisions, the Court also
discussed the important questions that must be answered while proving a Will.
a. Has the testator signed the will?
b. Did he understand the nature and effect of the
dispositions in the will?
c. Did he put his signature to the will knowing
what it contained?
While answering these questions, the propounder or
the beneficiary of the Will must prove the following aspects: -
a. The Will was signed by the testator in sound
mind and out of free will, duly understanding the nature and effect of
disposition.
b. Satisfactory evidence ought to be adduced showing
sound and disposing state of the testator’s mind. And
c. “If a will is challenged as surrounded by
suspicious circumstances, all such legitimate doubts have to be removed by
cogent, satisfactory and sufficient evidence to dispel suspicion.”
VIEW OF THE COURT
Thus, “the onus is placed on the propounder
to remove all suspicious circumstances with regard to the execution of the
will.” Suspicious circumstances may include situations such as doubtful
signature of the testator, unsound mental condition, unnatural or improbable
disposition, lack of free will, propounder/beneficiary exercises undue
influence, signing on blank papers by testator, incorrect facts in the Will
etc. However, it must not be forgotten that “the court is required to
adopt a rational approach and is furthermore required to satisfy its conscience
as existence of suspicious circumstances plays an important role.”
It was finally noted that the Court will pronounce
its verdict relating to veracity of the execution or registration of the Will
after scrutinizing the afore-stated factors, unusual features and circumstances
of the case in a cumulative manner.
SUMMARY AND CONCLUSION
In conclusion, following important points emerge:
-
a. ‘Will’ is “a document by which a person
directs his or her estate to be distributed upon death.”
b. The Will must be signed by the testator in
sound mind and out of free will, duly understanding the nature and effect of
disposition.
c. Satisfactory evidence ought to be adduced showing
sound and disposing state of the testator’s mind.
d. The Will must be attested by two or more
witnesses.
e. Any suspicious circumstances surrounding the
will must be dispelled by adducing appropriate evidence to such effect.
f. The Court must cumulatively consider all these
factors and must not adopt a selective approach.
Thus, I hope that the manner in which a ‘Will’
could be proved is clear by now.
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