The Proof of Valid Wills

The law regarding proof of a valid will is well settled. In Pragnaben, (2008) 15 SCC 365 it was held that, execution of a will is proved not only when the statutory requirements for proving that will are satisfied but the will is also found to be ordinarily free from suspicious circumstances. Whether a will is surrounded by suspicious circumstances or not is essentially a question of fact.

3 Courts below had concurrent findings on the issue of the genuineness of the alleged will. The evidence of the defendants and their conduct create a number of suspicious circumstances. The defendants could not prove the due execution of the will either as mandated under The Indian Succession Act or as per provisions of The Indian Evidence Act. We are not inclined to look into certain additional documents in support of the execution of the will. This Court shall not interfere with concurrent findings of 3 Courts unless there are special circumstances warranting interference.

Hon’ble Justice N.V. Ramana, Jarnail Singh v. Bhagwanti, [Civil Appeal No. 5050 of 2009].