Sardari Lal v. Bishan Dass & Ors., 2026
Proof of attestation is not proof of the genuineness of a Will when the document is surrounded by suspicious circumstances.
Judgement Details
Court
Supreme Court of India
Date of Decision
6 August 2026
Judges
Justice Manoj Misra and Justice K. V. Viswanathan
Citation
Acts / Provisions
Facts of the Case
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Bhambo Devi, widow of Chhajju Ram, instituted a suit claiming ownership and possession of her deceased husband's properties, asserting that he had died intestate and that she was his sole Class I heir.
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The defendants relied upon a registered Will dated 6 November 1974, under which the entire movable and immovable estate of Chhajju Ram was bequeathed to them.
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Chhajju Ram was an illiterate agriculturist who could only affix his thumb impression.
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The Trial Court and First Appellate Court found the Will to be surrounded by several suspicious circumstances and discarded it.
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The High Court, in second appeal, reversed the concurrent findings and accepted the Will on the ground that its execution and attestation had been proved.
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The legal representative of the widow challenged the High Court's decision before the Supreme Court.
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The Supreme Court found that the defendants had failed to satisfactorily explain the suspicious circumstances surrounding the Will.
Issues
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Whether proof of attestation of a Will is sufficient to establish its genuineness when the Will is surrounded by suspicious circumstances?
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Whether the propounder of a Will bears an additional burden to dispel reasonable doubts regarding its execution and satisfy the judicial conscience of the Court?
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Whether the High Court was justified in interfering with concurrent findings of fact of the Trial Court and First Appellate Court regarding the suspicious nature of the Will?
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Whether the unexplained disinheritance of the testator's wife and alterations in the registration endorsement constituted suspicious circumstances requiring explanation by the propounder?
Judgement
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The Supreme Court allowed the appeal and set aside the judgment of the Himachal Pradesh High Court.
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The Court held that merely proving the signature or thumb impression of the testator and the attestation of the Will does not establish its genuineness where suspicious circumstances surround its execution.
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The propounder must explain the suspicious circumstances and satisfy the Court that the Will represents the free, informed and conscious wishes of the testator.
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The Court found several circumstances surrounding the 1974 Will to be legitimately suspicious.
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The defendants failed to explain why the testator completely excluded his wife, who was his sole Class I heir, while leaving the entire estate to the defendants.
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The beneficiaries were described as the testator's nephews, but the alleged relationship was not established by evidence.
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The registration endorsement contained alterations in which the name "Laxmi Kant" was replaced by "Chhajju" at multiple places without authentication or initials of the Sub-Registrar.
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The Supreme Court restored the judgments of the Trial Court and First Appellate Court, thereby rejecting the disputed Will and affirming the widow's right over the property.
Held
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The propounder of a Will has the burden of removing all reasonable doubts surrounding its execution.
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The ultimate question is whether the Will genuinely represents the free will and informed wishes of the testator.
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Suspicious circumstances may include unnatural exclusion of legal heirs, doubtful mental or physical condition, unfair disposition, active involvement of beneficiaries, questionable relationships and unexplained alterations in the document.
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Registration of a Will does not automatically eliminate suspicious circumstances or relieve the propounder of the burden of proving its genuineness.
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Where the Courts of fact have reached concurrent findings after properly evaluating evidence, the High Court cannot ordinarily substitute its own view in a second appeal unless the findings suffer from a legally recognised defect.
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The defendants failed to discharge the additional burden imposed upon them by the suspicious circumstances surrounding the Will.
Analysis
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The judgment makes it clear that proving execution and proving genuineness are distinct exercises. Section 68 may prescribe the manner of proving execution, but compliance with that requirement does not end the Court's enquiry where legitimate suspicion exists.
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The Supreme Court placed the judicial conscience of the Court at the centre of testamentary adjudication. A Will must not merely be formally proved; the Court must be satisfied that it genuinely reflects the testator's voluntary decision.
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The complete exclusion of the testator's wife was particularly significant because she was the natural and sole Class I heir in the absence of a testamentary disposition.
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The unexplained alterations in the registration endorsement further weakened the defendants' case because the changes were not authenticated by the Sub-Registrar.
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The judgment also reinforces the limited scope of interference under Section 100 CPC. The High Court could not simply reassess the evidence and overturn concurrent factual findings merely because it preferred another interpretation.
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The ruling therefore establishes an important safeguard against fabricated, manipulated or improperly obtained Wills, particularly where the testator is elderly, illiterate or otherwise vulnerable.