Mere registration of a Will does not confer its validity.

Allahabad High Court Upholds Dismissal of Ownership Claim Based on Unproven Will Appeal Dismissed as Plaintiff Fails to Prove Will's Validity According to Indian Evidence Act

In a recent judgment, the Allahabad High Court, presided over by Justice Sandeep Jain, has dismissed an appeal filed by Khubi Ram, who sought to overturn an ex parte judgment from the trial court. The case, First Appeal No. 743 of 2024, revolved around a disputed ownership claim based on a registered Will allegedly executed by the plaintiff's father, Ram Swaroop. The appeal was dismissed on September 26, 2025, reaffirming the trial court's decision.

The plaintiff, Khubi Ram, filed a suit in 2020, seeking a declaratory decree to establish his ownership over a property in Ghaziabad, based on a registered Will dated January 20, 2011. However, the trial court dismissed the suit, citing non-compliance with Section 68 of the Indian Evidence Act, 1872, which mandates the examination of at least one attesting witness to prove a Will. The trial court emphasized that mere registration of a Will does not validate it.

The appeal contended that the trial court's decision was flawed, arguing that the certified copy of the Will, supported by the plaintiff's testimony, sufficed for its validation. However, the High Court upheld the trial court's decision, noting that the plaintiff neither produced the original Will nor justified its absence. Additionally, the plaintiff failed to examine any attesting witnesses, as required by law, rendering the Will unproven.

The court referenced the Supreme Court's decision in Ramesh Chand(D) Through LRS. v. Suresh Chand, reinforcing the necessity of attesting witness examination under the Indian Evidence Act. The judgment also highlighted the plaintiff's inability to address suspicious circumstances surrounding the Will, such as the exclusion of other potential heirs without explanation.

In dismissing the appeal, Justice Jain concluded that the plaintiff's failure to prove the Will's execution meant he could not claim ownership based on it. The decision underscores the importance of adhering to legal formalities in Will execution and proof, emphasizing that registration alone is insufficient for legal validity.

The judgment serves as a reminder of the rigorous standards required for proving Wills in court, ensuring that claims to property are substantiated with concrete evidence and adherence to legal protocols.

Bottom Line:

A Will has to be proved in accordance with law, which includes the mandatory examination of at least one attesting witness under Section 68 of the Indian Evidence Act, 1872. Mere registration of a Will does not confer its validity.

Statutory provision(s): Civil Procedure Code, 1908 Section 96, Indian Evidence Act, 1872 Sections 68 and 69, Succession Act, 1925 Section 63

Khubi Ram v. Bhoop Singh, (Allahabad) : Law Finder Doc Id # 2785071