BHAGAT RAM AND ANR. versus SURESH AND ORS.

BHAGAT RAM AND ANR. versus SURESH AND ORS.

The codicil was not proved according to the mandatory requirements under Section 63 of the Indian Succession Act and Section 68 of the Indian Evidence Act since the attesting witness and Registrar were not examined in court. Registration does not substitute attestation or proof by witnesses. The Will is valid as executed and attested; the codicil has no legal effect.

Parties
Appellant: Bhagat Ram; Appellant: Chhaju Ram; Respondent: Suresh; Respondent: Tilak Raj; Respondent: Muni Devi
Jurisdiction
India
Judgment Date
25 November 2003
Procedural Posture
Civil Appeal / Supreme Court Appeal From Himachal Pradesh High Court Decision
Outcome
Appeal dismissed
Legal Topics
Execution and Attestation of Wills and Codicils, Role of Registrar in Attestation, Proof of Testamentary Documents
Succession Law Evidence Law Property Law Execution and Attestation of Wills and Codicils Role of Registrar in Attestation Proof of Testamentary Documents

Case Brief

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Parties

Bhagat Ram

Appellant

Chhaju Ram

Appellant

Suresh

Respondent

Tilak Raj

Respondent

Muni Devi

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Himachal Pradesh High Court Decision

Legal Issues

  1. 1 Whether a codicil requires the same formalities of execution and proof as a Will under the Indian Succession Act and Evidence Act
  2. 2 Whether a Registrar of Deeds can be an attesting witness to a codicil or Will
  3. 3 Whether registration of a Will or codicil dispenses with proof of execution and attestation as required by law

Ratio Decidendi

The codicil was not proved according to the mandatory requirements under Section 63 of the Indian Succession Act and Section 68 of the Indian Evidence Act since the attesting witness and Registrar were not examined in court. Registration does not substitute attestation or proof by witnesses. The Will is valid as executed and attested; the codicil has no legal effect.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed as devoid of merit.
  • The codicil is not proved and does not affect the Will.