No Requirement To Prove Authenticity Of Will If Testator Admits To Its Execution In Pleadings Before Court: Karnataka High Court
1 month, 3 weeks ago

No Requirement To Prove Authenticity Of Will If Testator Admits To Its Execution In Pleadings Before Court: Karnataka High Court

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The Karnataka High Court has said that once a testator has admitted the execution of a Will in proceedings before the Court and pleadings are filed, there would be no requirement to further establish the authenticity of the Will in terms of Sections 67, 68 and 70 of Bharatiya Sakshya Adhiniyam. A single judge, Justice Suraj Govindaraj held thus while dismissing a petition filed by Sarojini Bhanvi and another challenging an order of the trial court allowing the application made by Yallappa Kempanna Badiagawad, to come on record as the legal representative of the deceased Tayamma. Findings: Rejecting the contention of the petitioner that whenever anyone propounds a Will, the said Will has to be established in the manner known to law, the court said “In my considered opinion this contention would have been true, if there is a dispute between any person/s claiming under the Will and the right of any party who is affected by the Will.” Referring to the amendment made in the plaint by the deceased the bench said “She has categorically made a submission that she has executed a Will in respect of the suit properties bequeathing the suit properties in favour of the applicant Yallappa S/o.Kempanna Badigwad of Madawal village out of love and affection while she had sound dispossession of her own free will and wishes. Such a pleadings which has been made in the said suit by producing the Will would indicate a categorical admission made by the Testator of the execution of the Will.” Thus it held “If a Testator were to admit the execution and the contents of a Will in a Court proceedings, there would be no requirement to further prove the execution and veracity of the Will in terms of Sections 67, 68 and 70 of the BSA, 2023.” Accordingly it dismissed the petition.

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History of this topic

S. 63(c) Indian Succession Act | Unprivileged Will Executable If Attesting Witness Sees Testator Signing Or Affixing Mark On Will : Supreme Court
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2 months, 3 weeks ago

S. 63(c) Indian Succession Act | Unprivileged Will Executable If Attesting Witness Sees Testator Signing Or Affixing Mark On Will : Supreme Court

Live Law  

The Supreme Court observed that 'Unprivileged Will' is deemed to be executable under Section 63 of the Indian Succession Act, 1925 when the attesting witnesses have witnessed the Will's testator signing or affixing their mark on the Will. Sub-section requires that: two or more witnesses must attest the Will, Each witness must either: a) Witness the testator signing or affixing …

S. 63(c) Indian Succession Act | Unprivileged Will Executable If Attesting Witness Sees Testator Signing Or Affixing Mark On Will : Supreme Court
Trending News
2 months, 3 weeks ago

S. 63(c) Indian Succession Act | Unprivileged Will Executable If Attesting Witness Sees Testator Signing Or Affixing Mark On Will : Supreme Court

Live Law  

The Supreme Court observed that 'Unprivileged Will' is deemed to be executable under Section 63 of the Indian Succession Act, 1925 when the attesting witnesses have witnessed the Will's testator signing or affixing their mark on the Will. Sub-section requires that: two or more witnesses must attest the Will, Each witness must either: a) Witness the testator signing or affixing …

Mere Registration Of Will Won't Make It Valid Unless Its Execution Proved As Per Evidence Act : Supreme Court
2 months, 3 weeks ago

Mere Registration Of Will Won't Make It Valid Unless Its Execution Proved As Per Evidence Act : Supreme Court

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Recently, the Supreme Court reiterated that mere registration of a will would not make it valid unless the same is not proved as per the requirements of Section 63 of the Indian Succession Act and Section 68 of the Evidence Act. The Court also took note of the fact that defendant No.1 herself stated that the health of her husband …

Mere Registration of Will Not Enough to Assign It Validity: Supreme Court
1 year, 5 months ago

Mere Registration of Will Not Enough to Assign It Validity: Supreme Court

News 18  

The Supreme Court has said mere registration of a will would not be sufficient to prove its validity, as its lawful execution necessarily has to be proved in accordance with section 68 of the Indian Evidence Act, 1872, and section 63 of the Indian Succession Act, 1925. The top court, however, found Dhani Ram failed to prove the execution of …

Will Not Needed to be Proved with Mathematical Accuracy, Should be Signed Out of Free Will: SC
1 year, 6 months ago

Will Not Needed to be Proved with Mathematical Accuracy, Should be Signed Out of Free Will: SC

News 18  

The Supreme Court has said a will is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied. Since the testator/testatrix, at the time of testing the document for its validity, would not be available for deposing as to the circumstances in which the Will came to be executed, …

Will Can't Be Used As Evidence Without Examining Attesting Witness Even If Opposite Party Doesn't Deny Its Execution: Madras High Court
3 years ago

Will Can't Be Used As Evidence Without Examining Attesting Witness Even If Opposite Party Doesn't Deny Its Execution: Madras High Court

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Madras High Court has held that a Will cannot be admitted in evidence unless it complies with the conditions laid down in Section 68 of the Evidence Act, even if the execution of the document is expressly admitted or not specifically denied by the opposite party.Section 68 provides that if a document is required by law to be attested, it …

It is not necessary to register a Will for it to be valid
9 years, 9 months ago

It is not necessary to register a Will for it to be valid

Live Mint  

Is a Will required to be notarized and registered to be considered valid? The following essentials of a Will must be kept in mind: The Will must be executed by the testator, i.e., the person making the Will ; The signature should be placed in such as manner that it appears that it was intended to give effect to the …

Will can be executed by testator's wish at any circumstance: Supreme Court [Read the Judgment]
10 years, 6 months ago

Will can be executed by testator's wish at any circumstance: Supreme Court [Read the Judgment]

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A Supreme Court bench comprising of Justice Ranjana Gogoi and Justice R.K. Agrawal held that a will can be executed by testator's wish at any circumstance.The appeals were brought against 2009 common judgment and order of the High Court. A Supreme Court bench comprising of Justice Ranjana Gogoi and Justice R.K. Agrawal held that a will can be executed by …

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