Recently, a Division Bench of the Supreme Court, consisting of Justices Abhay S. Oka and Sanjay Karol, established specific guidelines for substantiating the validity and execution of a Will. In essence, these guidelines assert that, in addition to adhering to the statutory requirements outlined in Section 63 of the Succession Act, it is essential to demonstrate that

(a) the testator willingly signed the Will,

(b) the testator possessed a sound state of mind at the time of execution,

(c) the testator was fully aware of the nature and consequences of the Will, and

(d) the Will was not executed under any suspicious circumstances.

The Court based its reasoning on various case judgments, including H. Venkatachala Iyengar v. B.N. Thimmajamma, 1959 Supp (1) SCR 426, and Bhagwan Kaur v. Kartar Kaur, (1994) 5 SCC 135, in deriving these principles.

A Will is required to fulfill all the formalities required under Section 63 of the Succession Act

Regarding statutory compliance, the Court established the following requirements:

Two Aspects of Consideration: The Court must evaluate two critical aspects. Firstly, it needs to establish that the testator did indeed execute the Will. Secondly, it must confirm that this Will was the last one executed by the testator.

Not Required to Be Proven with Mathematical Accuracy: The Court clarified that these aspects do not need to be proven with mathematical precision. Instead, the standard of proof is the satisfaction of a prudent mind. In other words, the evidence presented should be convincing enough to satisfy a reasonable and cautious person.

Examination of At Least One Attesting Witness: To prove the execution of the Will, it is necessary to have at least one of the attesting witnesses, who is still alive, subject to the court's process, and capable of giving evidence, to be examined. This means that someone who witnessed the testator signing the Will and is available to testify in court should be brought forward as a witness.

These principles provide a clear framework for establishing the validity and execution of a Will in a legal context.

Case Title: MEENA PRADHAN & ORS. V. KAMLA PRADHAN & ANR, CIVIL APPEAL NO.3351 OF 2014

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