Supreme Court Overturns Kerala High Court's Order on Disputed Will Signature Not Contested, But Will's Legitimacy Requires Legal Proof, Rules Apex Court
In a significant judgment dated January 27, 2026, the Supreme Court of India reversed a Kerala High Court decision concerning the authenticity of a contested Will. The case, "Annie Thomas v. Rani Thomas & Ors.", involved a civil appeal where the appellant, Annie Thomas, contended against the High Court's directive to refer a Will for handwriting analysis. The Will, alleged to be executed by Annie Thomas's late father, E.J. Thomas, had its signature authenticity uncontested by the appellant. However, the Supreme Court underscored the necessity of proving the Will as per legal requirements.
The crux of the case rested on whether the Will was executed with the free will and consent of the testator, E.J. Thomas, despite the appellant acknowledging the signature's authenticity. The Supreme Court, led by Justices Sanjay Kumar and K. Vinod Chandran, highlighted that although the signature was not in dispute, the Will's validity must still be established under Section 68 of the Evidence Act, 1872, and Section 63(c) of the Indian Succession Act, 1925.
The earlier decision by the Kerala High Court had ordered the examination of the Will by a handwriting expert, which the Supreme Court found unnecessary given the appellant's admission regarding the signature. The apex court's ruling now allows the concerned parties to address all other pertinent issues in the trial court, thereby setting aside the High Court's previous order.
This judgment reiterates the legal principle that the mere acknowledgment of a signature does not suffice for the validation of a Will. The document must be proved in accordance with statutory provisions to uphold its legitimacy.
Bottom Line:
Signature(s) of the testator not disputed - Will still requires to be proved in terms of Section 68 of the Evidence Act, 1872 and Section 63(c) of the Indian Succession Act, 1925.
Statutory provision(s): Section 68 of the Evidence Act, 1872, Section 63(c) of the Indian Succession Act, 1925
Annie Thomas v. Rani Thomas., (SC) : Law Finder Doc Id # 2845236
