Today, I will talk about the case of Murthy and Others v. C. Saradambal and Others, 2021 SCC OnLine SC 1219, wherein the Hon’ble Supreme Court discussed the manner in which a ‘Will’ could be proved.
Today, I will talk about the case of Murthy and Others v. C. Saradambal and Others, 2021 SCC OnLine SC 1219, wherein the Hon’ble Supreme Court discussed the manner in which a ‘Will’ could be proved.
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To know more about Wills, please visit my earlier show accessible at https://www.desikanoon.co.in/2021/10/what-is-meaning-of-unprivileged-will-in.html
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Hi everyone.
I am Suyash and today, I will talk about the case of Murthy and Others v. C. Saradambal and Others, 2021 SCC OnLine SC 1219, wherein the Hon’ble Supreme Court discussed the manner in which a ‘Will’ could be proved.
Briefly speaking, a ‘Will’ is “a document by which a person directs his or her estate to be distributed upon death.” It connotes a broad range of documents that could be made by any person to express his intention to distribute his properties to certain persons after his/her death. There are many types of Wills such as conditional will, joint will, mutual will, postnuptial will, prenuptial will, soldier’s will, privileged will, unprivileged will etc. But on the present show, our discussion shall remain confined to the manner of proving a Will before the Court.
To know more about Wills, please visit my earlier show, the link for which is provided in the description below.
It is pertinent to note that the nature of proof required for a testament/will as opposed to any other document is different and distinguishable. In this regard, S. 67 and S. 68 of the Indian Evidence Act and S. 59 and S. 63 of the Indian Succession Act, may be apposite for perusal. They are as follows: -
a. Under S. 67 of the Indian Evidence Act, the signature of the person who is alleged to have signed the Will must be proved to be in his handwriting by seeking the opinion of relevant persons and experts.
b. S. 68 of the Indian Evidence Act provides that the Will shall not be used as evidence until at least one attesting Witness has been called for the purpose of proving its execution.
c. S. 59 of the Indian Succession provides that “every person of sound mind, not being a minor, may dispose of his property by will.” Who is a person of sound mind has also been provided in this provision. And
d. S. 63 of the Indian Succession Act stipulates that the testator must sign on the Will in a manner that reflects his intention to give effect to the Will. It further provides that the Will must be attested by two or more witnesses.
After discussing the legal provisions, the Court also discussed the important questions that must be answered while proving a Will.
a. Has the testator signed the will?
b. Did he understand the nature and effect of the dispositions in the will?
c. Did he put his signature to the will knowing what it contained?
While answering these questions, the propounder or the beneficiary of the Will must prove the following aspects: -
a. The Will was signed by the testator in sound mind and out of free will, duly understanding the nature and effect of disposition.
b. Satisfactory evidence ought to be adduced showing sound and disposing state of the testator’s mind. And
c. “If a will is challenged as surrounded by suspicious circumstances, all such legitimate doubts have to be removed by cogent, satisfactory and sufficient evidence to dispel suspicion.”
Thus, “the onus is placed on the propounder to remove all suspicious circumstances with regard to the execution of the will.” Suspicious circumstances may include situations such as doubtful signature of the testator, unsound mental condition, unnatural or improbable disposition, lack of free will, propounder/beneficiary exercises undue influence, signing on blank papers by testator, incorrect facts in the Will etc. However, it must not be forgotten that “the court is required to adopt a rational approach and is furthermore required to satisfy its conscience as existence of suspicious circumstances plays an important role.”
It was finally noted that the Court will pronounce its verdict relating to veracity of the execution or registration of the Will after scrutinizing the afore-stated factors, unusual features and circumstances of the case in a cumulative manner.
In conclusion, following important points emerge: -
a. ‘Will’ is “a document by which a person directs his or her estate to be distributed upon death.”
b. The Will must be signed by the testator in sound mind and out of free will, duly understanding the nature and effect of disposition.
c. Satisfactory evidence ought to be adduced showing sound and disposing state of the testator’s mind.
d. The Will must be attested by two or more witnesses.
e. Any suspicious circumstances surrounding the will must be dispelled by adducing appropriate evidence to such effect.
f. The Court must cumulatively consider all these factors and must not adopt a selective approach.
Thus, I hope that the manner in which a ‘Will’ could be proved is clear by now.
Hence, I hope you enjoyed listening to the show.
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