Bhagat Ram and another v. Suresh and others

The Hon’ble Supreme Court of India, in the case of Bhagat Ram and another v. Suresh and others (2003), delivered a crucial verdict clarifying the legal validity and execution of a Codicil i.e., a document that modifies or adds to a Will. This case emphasized that a Codicil must adhere to the same legal formalities as a Will as per Section 63 of the Indian Succession Act, 1925.

In this case, the testator had executed a Will and subsequently a Codicil, which was registered. However, the Codicil lacked proper attestation, as required by law. The dispute arose when one party tried to rely on the Codicil asserting that registration proved its authenticity. The Court firmly held that registration does not substitute for proper execution and attestation. Specifically, a registrar who merely witnesses the act of registration does not qualify as an attesting witness under law unless they witness the testator’s signature with intent to attest.

The Court reiterated that Section 68 of the Indian Evidence Act, 1872 mandates the testimony of at least one attesting witness to prove the execution of a Will or Codicil. Without fulfilling these criteria, the Codicil was deemed invalid.

This case serves as a critical precedent, underscoring that even minor amendments to a Will through a Codicil require full compliance with statutory requirements. The decision protects the sanctity of testamentary documents and ensures that changes to a person’s last wishes are made with due legal care.

Source

https://indiankanoon.org/doc/1645305/?utm