Detailed Analysis Of Supreme Court’S Guidelines On The Genuineness Of Will


The matter of a last will and testament occupies a special and significant place in the law because it gives people the freedom to decide how their belongings will be distributed after they pass away. The Supreme Court, in its competence, has carefully detailed a series of rules intended to ensure the legitimacy and genuineness of wills signed by people before their deaths. This is because it recognizes the crucial value of wills. The highest court in the nation has given rules that go beyond mere legal doctrine and create a careful framework that balances the integrity of a testator’s intentions with the necessity to protect against potential exploitation. This analysis delves deeper into the idea of guidelines to be followed by courts while deciding the genuineness of will.

Background Of The Will?

The Indian Succession Act, 1925 essentially outlines the rules governing wills in India. These rules offer a thorough framework for writing, executing, and regulating wills. A will is a laawful document that outlines how your possessions will be dispersed after your passing and can name guardians for minor children. A will is helpful because it enables one to clearly state their goals. It’s crucial to work carefully with a professional to draft and modify the will. In the absence of a will, your belongings are distributed to your successors in accordance with the laws of the country you are a citizen of. This is referred to as passing away intestate, and the agreement that follows may not necessarily have the effects you would like for your family. By having documents created that adhere to your choices, you may prevent this.

Guidelines Of Supreme Court On Genuineness Of Will

The Supreme Court has given guidelines for courts to follow when determining the validity of a will made by a person before their death.These guidelines are intended to prevent any chance of manipulation in determining the will’s legitimacy. A will is a legal instrument, the court emphasized, with a sacred value that is used to transfer a person’s possessions after their death. Since the testator, the person who drafted the will, is no longer living to explain the circumstances surrounding its production, severe legal standards have been imposed to prevent any possible will-tampering.

The court provided the following guiding factors for establishing a will’s credibility and execution:

  1. The testator must carry out the will, and it must be their final will.
  2. Although mathematical accuracy is not necessary, it must satisfy the logical mind.
  3. The will must adhere to every requirement outlined in Section 63 of the Succession Act. The testator’s signature or mark, the attestation of two or more witnesses, and the witnesses’ recognition of the signatures are all included in this.
  4. To demonstrate the will’s execution, at least one attesting witness who is still alive and able to testify should be interviewed.
  5. The attesting witness shall confirm to both the testator’s signature and the witnesses’ signatures on the will in the testator’s presence.
  6. The testimony of additional witnesses may not be required if one attesting witness is able to establish the execution.
  7. The individual who is proposing the will (the propounder) is responsible for successfully dispelling any doubts that may exist regarding the will’s implementation.
  8. When there are questionable circumstances, the “test of judicial conscience” is used. The testator’s awareness of the contents and effects of the will, their state of mind at the time of execution, and their capacity for free will are all taken into account.
  1. The burden of proof rests with the accuser if claims of fraud, fabrication, or improper influence are made. Even so, the proponent is still required to offer a convincing justification to dispel suspicion.
  2. Suspicious conditions must be true and legitimate, not just made up. Shaky signatures, mental infirmity, unequal property division, or the propounder’s large advantage from the will might all be considered suspicious factors.

In a case involving a dispute over the legality of a will made by Bahadur Pradhan, who is said to have afterward married Kamla Pradhan in place of his ex-wife Meena Pradhan, the court established these guidelines in favor of the latter. Meena Pradhan and her children’s appeal contesting the validity of the will was rejected by the court.

Guidelines To Be Followed By Courts

A will’s legality cannot be questioned merely on the grounds that some of the beneficiaries disagree with it. It is vital to comprehend in a legal context that dispositions made under a will are not covered by Article 14 of the Indian Constitution, which ensures equality before the law. In a case Swarnalatha & Ors. V, Kalavathy & Ors. involving Mannar Reddiar and Adhilakshmiammal, who left wills outlining the distribution of their own property, this principle was confirmed.

The court determined that although the daughter Kalavathy in this case was not given all of the inheritance, this alone did not raise questions about the validity of the will’s execution. The court emphasized that it is not the court’s responsibility to judge whether the distribution of property among heirs is fair or equitable while evaluating the validity of a will’s execution.

Suspicion can be raised only when there are questions regarding the testator’s signature or their mental ability as it was held in Kavita Kunwar v. Pamela Mehta. Thus the apex court’s guidelines are to be followed by courts while deciding the matter of will.


A fundamental framework for maintaining the integrity of people’s intentions regarding the disposal of their property after their passing is provided by the Supreme Court’s instructions on the authenticity of wills in India. These recommendations stress the significance of following formalities, such as witness identification and signatures, and determining the testator’s mental competence. Importantly, the recommendations stress that a beneficiary’s disagreement with another beneficiary does not, by itself, cast doubt on a will’s legality. The emphasis should be placed on verifiable proof of inconsistencies in the will’s execution. These rules provide as an essential guide for courts, solicitors and everyone involved in estate planning, eventually assuring the just and fair execution of wills in conformity with the law.

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