Lilian Coelho and Others v. Myra Philomena Coalho

On January 3, 2025, the Hon’ble Supreme Court of India delivered a significant judgment in the case of Lilian Coelho and Others v. Myra Philomena Coalho, addressing key issues surrounding the validity and genuineness of Wills.

The dispute arose over the Will of Mrs. Maria Francisca Coelho. Myra Philomena Coalho sought a Letter of Administration for her mother’s estate, relying on a Will dated July 7, 1982. The Hon’ble Bombay High Court’s Single Judge ruled that the Will was validly executed but noted suspicious circumstances, dismissing the suit. However, the Division Bench reversed this, granting a Letter of Administration based on the assumption that the Will was genuine.

Therefore, the matter went to the Hon’ble Supreme Court where a Bench of Justices C.T. Ravikumar and Sudhanshu Dhulia clarified a critical legal point i.e., valid execution of a Will under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872 does not automatically confirm its genuineness. The Court emphasized that courts must thoroughly investigate whether suspicious circumstances exist around the execution of a Will before accepting it as genuine.

Finding that the High Court’s Division Bench failed to properly consider these suspicious circumstances, the Hon’ble Supreme Court set aside its order and remanded the case for fresh consideration.

This ruling affirms that Probate or Letters of Administration should not be granted merely because a Will meets the formal requirements of execution. Courts are obligated to thoroughly assess all relevant factors, including any suspicious circumstances or questions regarding the Will’s authenticity, to ensure the genuine intent of the testator is upheld and the rights of rightful heirs are safeguarded.

Source

https://indiankanoon.org/doc/71985829/