Proof of 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].
Propounder Must Dispel Doubts about Suspicious Circumstances
Where there are suspicious circumstances regarding the execution of the Will, the propounder must explain those circumstances and dispel all reasonable doubts regarding its execution.
The phrase ‘suspicious circumstances‘ encompasses any circumstance which creates doubt about the Will being expression of the free will of the testator, though it would not include a figment of imagination or fantasy of a doubting mind. Such doubt may arise from a shaky or doubtful signature of the testator; a feeble or uncertain mind of the testator; an unfair disposition of property; an unjust exclusion of the legal heirs, particularly the dependents; active or leading part played by the beneficiary in making of the will etcetera.
Legitimate Doubts Surrounding the Will
In the above case, the Court found that the defendants failed to dispel several legitimate doubts surrounding the Will, such as:
a. The Will completely excluded the testator’s wife, who was his sole Class I heir, while conferring the entire estate upon persons who were not even close relatives.
b. The beneficiaries had been described as the testator’s nephews although no such relationship had been established in evidence.
c. There were alterations made on the reverse side of the registered Will, none of which bore the initials or authentication of the Sub-Registrar.
