Скачать или смотреть Admitted Will: How to prove an admitted will? क्या न्यायालय इसे प्रमाणित मान लेगा? (2025)

#Property_law #saledeed #probate #Transfer_of_Property_Act #Letter_of_Administration #Registered_Will #unregistered_will
S.R. Srinivasa & Ors vs S. Padmavathamma
Dated 22 April, 2010: 2010 AIR SCW 3935, 2010 (5) SCC 274,
We will discuss in this video only about the presumption of genuine ifs execution of will is admitted.
Ques in other words:क्या यह स्वीकार करना कि वसीयत निष्पादित की गई है, यह साबित नहीं करता कि इसे आई.एस.ए. की धारा 63 के अनुसार निष्पादित किया गया है?
It can be proved only as per law provided in Sec 68 of Evidence Act.
Even if the execution of the Will is admitted, its genuineness had to be established by propounder of will. None of the attesting witnesses were examined.
Judgment of DB: Justice V.S.Sirpurkar & Justice SURINDER SINGH NIJJAR. Judgment written by Justice NIJJAR.
What does the law says about the mode & manner for proof of a Will:
It is true that the proof is not required with mathematical certainty but it must be to the satisfaction of a prudent mind.
Whenever we say about proof of will, the two landmark judgments come to my mind:
(1)  H. Venkatachala Iyengar v. B.N. Thimmajamma, [1959 Supp (1) SCR 426]
(2) Jaswant Kaur v Amrit Kaur [(1977) 1 SCC 369]
Since Section 63 of the Succession Act requires a will to be attested.
As required by Section 68 of the Evidence Act, at leat One attesting witness must come to court for proving its execution, if there be an attesting witness alive, and subject to the process of the court and capable of giving evidence.
Unless it is duly proved, it cannot be used as evidence.
The will speaks from the death of the testator and therefore the maker of the will is never available for deposing as to the circumstances in which the will came to be executed.
The court must satisfy that whether the document propounded is proved to be the last will and testament of the testator?
Admission of the execution of the will can not be taken as Presumption of its genuineness.
This admission is only about the making of the Will and not the genuineness of the Will. It would not amount to admissions with regard to the due execution and genuineness of the Will.
In the present case:
The execution of the Will has not been proved as none of the attesting witnesses have been examined. There is no recital in the Will as to which of the properties had been bequeathed to Indiramma.
The registration of the Will by itself was not sufficient to remove the suspicion.
Court concluded that will has to be proved as per Evidence Act.