Mere Registration of Will Won't Make It Valid Unless Its Execution Proved as Per Evidence Act : SC

Mere Registration of Will Won't Make It Valid Unless Its Execution Proved as Per Evidence Act : SC

  • Case Name: Leela & Ors. v. Muruganantham & Ors.
  • Judge(s): C.T. Ravikumar and Rajesh Bindal
  • Advocate(s): A. Lakshminarayanan & Abha R. Sharma

The SC held that proof of execution of the will is mandatory as per Section 63 of the Indian Succession Act and Section 68 of the Evidence Act. 

The decision followed the appeal regarding the validity of the will executed by the testator for partition of property. The trial court and High Court held that the appellant failed to prove the execution of the will. 

The court noted that two things must be proved for a valid will, i.e., that the testator signed the will and is mentally sound enough to understand its nature. 

Supreme Court / 10 months ago

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