Will & Related Matters

In Sanjay Sharma @ Sanjay Bhardwaj v. Krishnadhan Khaware and Ors. [2026 INSC 708], the Supreme Court, while considering the limited issue of whether an application for probate was barred by limitation, held that the right to apply for probate is a continuous right that can be exercised at any time so long as the object of the Will survives.

When a probate proceeding is contested, it stands converted into a suit under Section 295 of the Indian Succession Act, 1925, Kerala High Court observed in P. Lakshmikutty Amma & Ors. v. V.K. Indira & Anr.

Proof of a will is not just proving the signature of the testator on the Will and its attestation in terms of Section 63 of the Indian Succession Act; rather it is an exercise to satisfy the Court's conscience that the testator had signed the Will with free will being aware of its contents and after understanding the nature and effect of the dispositions in the Will, observed the Supreme Court in Sardari Lal v. Bishan Dass & Ors [2026 INSC 669].

Probate proceedings are concerned exclusively with the authenticity, legality, and due execution of a Will. Questions relating to title, possession, partition, or rival proprietary claims ordinarily fall outside the jurisdiction of the probate court.

In Lekshmi M. Nair v. Sudhamony Amma C.K. and Others [MANU/KE/2064/2024], the High Court of Kerala observed that the District Court has jurisdiction to grant or revoke probates and letters of administration, without a State Government notification under Section 264 (2) of the Indian Succession Act, 1925.

With the omission of Section 213 of the Indian Succession Act, 1925, and consequential amendments to related provisions, beneficiaries and executors are no longer required to obtain probate merely to establish their rights or transfer assets under a valid will in the erstwhile Presidency Towns of Mumbai, Chennai and Kolkata, where probate had historically been mandatory. Even uncontested wills often required probate proceedings before immovable property could be transferred or financial assets released.

The purpose of probate is to legally validate a deceased person's will, formally appoint an executor, and provide the official authority required to manage, settle debts, and distribute the estate's assets to the rightful beneficiaries.

The Supreme Court, in Metapalli Lasum Bai v. Metapalli Muthaih [2025 INSC 879], reaffirmed that a Will, if registered, carries a presumption of genuineness. The burden to prove otherwise lies on the party challenging the Will, who must demonstrate that it was not executed properly or that suspicious circumstances cast doubt on its validity. The Supreme Court stated categorically that the Will in this case is a registered document and thus there is a presumption regarding genuineness thereof and as the Will is a registered document, the burden would lie on the party who disputed its existence thereof. 

In K.S. Dinachandran v. Shyla Joseph & Ors. [2025 INSC 1451], the Supreme Court ruled that gaps or omissions in a witness’s examination-in-chief can be fixed during their cross-examination.