Mere Registration Does Not Validate A Will

The Supreme Court ("SC"), in Leela and others case,¹ held that a will is not deemed valid simply by being registered. Rather, it must be proven in compliance with Section 68² of the Evidence Act, 1872 and Section 63³ of the Indian Succession Act, 1925.

Brief Facts. Balasubramaniya Thanthiriyar ("Thanthiriyar") had two wives, Rajammal and Leela. Thanthiriyar had three sons and one daughter from Rajammal and three sons with Leela. In 1989, he executed partition deed dividing properties into four schedules. Certain properties were partitioned in favour or Thanthiriyar.

Thanthiriyar died in 1991. Rajammal, along with her children, filed suit before Trial Court ("TC") seeking partition of properties allotted to Thanthiriyar. Leela and her children produced a Will in 1990 ("Will") and claimed their share. TC, as well as the Madras High Court ("HC"), rejected Leela's claim based on the Will, leading her to appeal before the SC.