SC Clarifies: Valid Execution of Will Doesn’t Guarantee its Genuineness

SC Clarifies: Valid Execution of Will Doesn’t Guarantee its Genuineness

  • Case Name: Lilian Coalho & Ors. vs. Myra Philomena Coalho
  • Judge(s): Justice C.T. Ravikumar and Sudhanshu Dhulia

The Supreme Court ruled that proving Will’s execution as per legal requirements does not confirm its genuineness. The Courts must address suspicious circumstances raised by objectors, even if the execution is valid. 

Myra Philomena Coalho sought Letters of Administration [LOA] for her late mother’s will. While the Bombay High Court’s Single Judge found the Will validly executed, it dismissed the suit due to unresolved suspicions.

The Division Bench overturned this but failed to address the doubts. The SC held this was incorrect, emphasizing scrutiny of genuineness, and directed the Division Bench to reconsider the matter on merits.

Legal Wires / 5 months ago

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