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Dhani Ram (Died) Thr. LRs. & Others vs Shiv Singh

Civil Appeal · 2023 INSC 876Decided 6 Oct 2023
Civil Appeal No. 8172 of 2009

Background

After Sohan Lal died without children, his widow Leela Devi inherited his share of ancestral family property. Leela Devi allegedly executed a registered Will in 1987 in favour of Dhani Ram (her brother's son, who had cared for her in old age) shortly before her death, cutting out Shiv Singh: the son of Sohan Lal's brother, who would otherwise have inherited the property under the Hindu Succession Act, 1956. Shiv Singh sued to challenge the Will, and the case went through conflicting decisions: the trial court disbelieved the Will, the first appellate court upheld it, and the Himachal Pradesh High Court, in second appeal, again rejected it, prompting this final appeal by Dhani Ram's heirs to the Supreme Court.

Decision Breakdown

The Supreme Court closely examined the testimony of the Will's two attesting witnesses, as required under Section 63 of the Indian Succession Act and Section 68 of the Evidence Act, which mandate that at least one attesting witness must confirm they saw the testator sign the Will and that they themselves signed it in her presence. The Court found the two witnesses' accounts directly contradicted each other (one witness even denied that the testatrix signed in his presence, while the other never claimed to have signed in her presence) and that mere registration of a Will does not by itself remove genuine suspicion about its execution. Since no other evidence (such as the document-writer who drafted the Will or the Sub-Registrar's staff) was produced to fill this gap, the Court held the Will's execution was not legally proved, meaning Shiv Singh was rightly entitled to inherit the property through normal succession law. The appeal was dismissed.

Lesson Learnt

A Will is not automatically valid just because it is registered. The law requires that its execution be properly proved through credible, consistent evidence of at least one attesting witness who actually saw the signing take place; contradictions between witnesses can be fatal to a Will's validity.

Official source (sci.gov.in)View Judgment (PDF)

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