May 28, 2026 11:06 pm

Will & Succession

Succession—Probate Proceedings—Probate Court does not decide any question of title or of the existence of the property itself

Bysclaw

Dec 16, 2018

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By sclaw

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Will & Succession

Succession Act, 1925 — Section 63 — Evidence Act, 1872 — Section 68 — Will — Validity and execution — Requirements — Attesting witnesses — Proof of execution — Suspicious circumstances — The court must consider if the Will was executed by the testator and if it was his last Will — It is not required to be proved with mathematical accuracy but requires satisfaction of a prudent mind — Section 63 of the Succession Act mandates signing or affixing a mark, attestation by two or more witnesses, with each witness seeing the testator’s signature or acknowledgment and signing in the testator’s presence — Section 68 of the Indian Evidence Act requires calling at least one attesting witness alive and capable of giving evidence to prove execution — If there are suspicious circumstances, the propounder must remove them — The test of judicial conscience requires considering the testator’s awareness of the Will’s contents and consequences, his sound state of mind, and that he acted of his own free will.

May 23, 2026 sclaw

Will & Succession

Succession Act, 1925 — Section 263 — Revocation of probate — Just cause — Fraudulent grant by concealing material facts or false suggestions — Failure to cite necessary parties — Grant of probate is a judgment in rem and binds the world — Persons with even a slight interest, including subsequent transferees from heirs, are entitled to citation before probate is granted — Failure to implead appellants and legal heirs of deceased sons, and to issue citations, constitutes just cause for revocation.

Apr 22, 2026 sclaw

Will & Succession

Succession Act, 1925 — Section 63 — Indian Evidence Act, 1872 — Section 68 — Proof of Will — Requirement of attestation — Will excluding one legal heir (daughter) — One attesting witness (DW-2) examined — DW-2 must speak not only to the execution by the testator and his own attestation, but also to the attestation by the other witness — Failure of the Trial Court and High Court to find the Will proved — Evidence of DW-2 affirmed the signatures of the testator and both attesting witnesses after being suggested so in cross-examination by the plaintiff — Where a positive suggestion is made in cross-examination, and the witness affirms it, the response has probative value and cannot be ignored merely because it was a leading question — Concurrent finding disbelieving the Will reversed. (Paras 6, 16, 23, 24, 29

Dec 18, 2025 sclaw

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