By Shaan Katari Libby
A will is more than a piece of paper; it is a roadmap for the distribution of one’s assets, ideally designed to prevent disputes and ensure clarity. Yet, as recent rulings by the Supreme Court of India reveal, merely drafting or even registering a will does not guarantee its validity. These cases underscore the importance of adhering to legal standards, ensuring transparency, and eliminating suspicious circumstances.
The apex court recently ruled that the registration of a will does not confer validity on its own. In a judgment delivered on January 2, 2025, Justices CT Ravikumar and Rajesh Bindal dismissed an appeal filed by Leela and her sons, who sought to validate a disputed will. Both the trial court and the Madras High Court had earlier found the will to be invalid.
A Disputed Will and Suspicious Circumstances
The case centered on Balasubramaniya Thanthiriyar, who had two wives, Rajammal (first wife) and Leela (second wife), with children from both marriages. In 1986, Balasubramaniya filed a partition suit, dividing his properties into four schedules. Following his death in 1991, disputes arose over the properties allocated to him under the first schedule. Rajammal’s children claimed a 5/7th share, alleging that the 1990 will produced by Leela was fraudulent.
The Supreme Court identified several suspicious circumstances surrounding the will, including:
• Active involvement of Leela and her beneficiaries in its execution.
• Mismatched signatures of the testator across documents.
• Lack of testimony from the typist or scribe.
• Contradictions regarding the testator’s mental health at the time.
The Court found that these irregularities, coupled with the absence of conclusive evidence, rendered the will invalid.
Another Case of Suspicion: Moturu Nalini Kanth
In a similar judgment, the Supreme Court ruled in favour of Kaliprasad, who challenged a will and an adoption deed that sought to disinherit him in favour of a one-year-old child, Nalini Kanth. The Court found that Kaliprasad’s grandmother, Venkubayamma, was senile at the time of executing the documents. The adoption and the will were deemed invalid due to suspicious circumstances and insufficient evidence.
Legal Standards For Valid Wills
The Indian Succession Act, 1925, and the Indian Evidence Act, 1872, outline stringent requirements for validating wills:
• Section 63 mandates that a testator must sign in the presence of at least two attesting witnesses.
• Section 68 requires the presence of at least one attesting witness to prove the will’s execution in court.
The Supreme Court’s rulings reaffirmed these principles, emphasizing that failing to meet these standards could invalidate a will, regardless of its registration status.
Impact On The Families
In the first case, Leela received no share of the disputed property as the will was declared invalid. Her sons, however, were deemed legitimate heirs and received equal shares. The invalidation of the second marriage did not affect their legal status as children of the testator. Nonetheless, the first wife and her children retained the majority of the estate, reflecting societal biases against second families or “chinna veedus” (secondary households).
Lessons For Estate Planning
The rulings offer crucial takeaways for individuals and families:
1. Proper Documentation: Ensure that wills are clear, legally compliant, and attested by reliable witnesses.
2. Transparency in Execution: Eliminate any involvement of beneficiaries in drafting or executing the will.
3. Vigilance: Be alert to suspicious activities surrounding elderly relatives and act promptly to prevent fraudulent documentation.
While courts can remedy some injustices, such disputes often consume years and resources, underscoring the need for meticulous estate planning.
—The writer is a barrister-at-law, Honourable Society of Lincoln’s Inn, UK, and a leading advocate in Chennai. With research inputs from Sangeethavani Ettiappan and Adithi K