Supreme Court Sets High Bar for Proving Wills Amid Suspicious Circumstances

The Supreme Court has reiterated that a propounder significantly benefiting from a Will and participating in its execution raises suspicion, requiring clear evidence to dispel it. 

Under Section 68 of the Indian Evidence Act, 1872,(Sec. 67 of BSA) proving a Will demands that at least one attesting witness confirm the presence and actions of other witnesses.

In a dispute over partition and a contested Will, the Court found that both the propounder and witnesses failed to establish the Will's execution per Section 63 of the Hindu Succession Act.

Highlighting gaps in testimony and unresolved doubts, the Court overturned the High Court's validation of the Will.