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Checking relevance for Metpalli Lasum Bai (Since Dead) VS Metapalli Muthaih(D) By Lrs...
Checking relevance for Benga Behera VS Braja Kishore Nanda...
2007 0 Supreme(SC) 751 : To question a registered Will, the challenger must bear the burden of proving that the Will was not duly executed. This can be done by showing lack of the original Will, presenting contradictory or unreliable attesting witness statements, demonstrating suspicious circumstances (e.g., forgery or sham), and proving that any secondary evidence (certified copy, xerox) is insufficient. The court will not accept the Will unless the propounder removes all doubts about the testator’s sound disposing capacity and the proper execution of the document.Checking relevance for S. Sundaresa Pai VS Sumangala T. Pai...
2001 8 Supreme 474 : The case holds that a will cannot be set aside merely because its distribution is uneven or because it is not registered; such factors do not create suspicion about its execution. To question a will, one must rely on other grounds (e.g., lack of testamentary capacity, undue influence, fraud, or improper execution), not merely on the pattern of asset distribution or registration status.Checking relevance for Adivekka VS Hanamavva Kom Venkatesh ‘D’ By LRs. ...
2007 5 Supreme 73 : A registered will can be questioned by filing a suit for declaration (and, if desired, a permanent injunction) and challenging its execution. The court will examine whether the will was properly executed under the Indian Succession Act and Indian Evidence Act, looking for any grave suspicion of fabrication, lack of proper attestation, absence of the testator’s spouse’s knowledge, unfair or unnatural disposition, and any failure to produce the original document or testimony from the parties. If such doubts are established, as in the cited case, the will is held not duly proved and the challenge succeeds.Checking relevance for Gurdial Kaur VS Kartar Kaur...
1998 3 Supreme 504 : To challenge a registered Will, you must raise suspicious circumstances surrounding its execution or attestation (e.g., unexplained disinheritance, improper identification of the testator, lack of knowledge by the scribe). The burden of proof lies on the party seeking to uphold the Will (the propounder) to dispel these suspicions; registration alone does not remove doubt. If the propounder cannot satisfactorily dispel the doubts, the court will not accept the Will as valid.Checking relevance for Veena Singh (Dead) Through LR VS District Registrar/Additional Collector (F/R)...
Checking relevance for S. R. Srinivasa VS S. Padmavathamma...
2010 5 Supreme 70 : To question a registered Will, you must challenge its genuineness by showing that registration alone is insufficient. The Will must be proved by attesting witnesses; the signature of the scribe cannot substitute for attestation. Suspicious circumstances—such as irregularities in execution, multiple registrations, or the beneficiary signing the Will—create a burden on the propounder to remove all reasonable doubts. Under the Hindu Succession Act and Indian Evidence Act, the party contesting the Will must establish these doubts, as the court will not accept a Will merely because it is registered.
