A registered ‘Will’ carries a presumption of due execution and genuineness, and the burden of proof lies heavily on the party challenging the Will, says the Suprem Court (SC) in Metpalli Lasum Bai (since dead) & Others v Metapalli Muthaih (d) by Legal Heirs [ 2025 INSC 879].
The SC added that the Will, in the above case, is a registered document and thus there is a presumption regarding genuineness thereof. As the Will is a registered document, the burden would lie on the party who disputed its existence thereof.
In this case, the SC set aside the 2014 High Court judgement and restored the 1994 judgment and decree rendered by the Trial Court.
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