Leela and Others v. Muruganantham and Others

In a significant ruling, Leela and Others v. Muruganantham and Others (2025 INSC 10), the Hon’ble Supreme Court of India reiterated that the mere registration of a Will is not sufficient to establish its validity. The judgment emphasizes the importance of strict compliance with statutory requirements under the Indian Succession Act, 1925, and the Indian Evidence Act, 1872.

The dispute arose after the death of the testator in 1991, when his second wife and sons produced a registered Will allegedly executed in 1990. The Madras High Court had earlier raised concerns regarding the suspicious circumstances surrounding the execution, including the testator’s deteriorating health and the involvement of beneficiaries in drafting the Will.

The Hon’ble Supreme Court upheld the High Court’s findings, clarifying that a registered Will must still be proven in accordance with Section 63 of the Indian Succession Act, 1925 i.e., requiring execution in the presence of two attesting witnesses and Section 68 of the Indian Evidence Act, 1872 which mandates that at least one attesting witness must testify in Court. The Court also reaffirmed that when there are suspicious circumstances, the burden on the propounder (person presenting the Will to the Court) becomes heavier.

This ruling serves as a crucial reminder that legal formalities alone do not guarantee the authenticity of a Will. The judgment highlights the importance of clear, credible evidence of due execution, testamentary capacity, and voluntariness. Individuals are, therefore, advised to ensure that their Wills are properly executed and can withstand judicial scrutiny.

Source

https://indiankanoon.org/doc/187039328/