Questioning methods to show a Will in India? Supreme Court docket clarifies that even a registered Will wants witness testimony beneath Part 68 Proof Act.
Supreme Court docket (Sept 2025) in Sanjay Bhardwaj v. Narayanrao Bhardwaj dominated that even a registered Will in India have to be proved by an testifying witness beneath Part 68 of the Proof Act.
Refer our earlier article on methods to write a WILL by yourself, “ write a WILL in India? | Obtain Pattern WILL format“.
Show a Will in India? Supreme Court docket’s 2025 Ruling
Is a Registered Will Sufficient?
Think about this: your father leaves behind a registered Will providing you with his property. None of your siblings increase any objection. You stroll into courtroom, assured that the Will is sufficient.
However the decide asks: “The place is the testifying witness?”
Confused? You’re not alone. Many households assume a registered Will is enough. However on sixth September 2025, within the case of Sanjay S/o Parmanand Bhardwaj v. Narayanrao S/o Ramkrishna Bhardwaj & Ors., the Supreme Court docket of India clarified that beneath Part 68 of the Indian Proof Act, it’s necessary to name no less than one testifying witness to show a Will—even when no inheritor disputes it.
This ruling teaches us one factor: paperwork will not be proof till backed by witnesses.
Q1: What Is Part 68 of the Indian Proof Act?
In easy phrases:
- If a legislation says a doc (like a Will, reward deed, or mortgage) have to be signed by witnesses, then in courtroom it’s essential to look at no less than one testifying witness to substantiate it.
- That witness should testify that the testator (the individual making the Will) signed it of their presence.
Consider it like a cricket match. The scoreboard (the Will) reveals the runs, however the umpire (the witness) should verify the runs have been really scored. With out the umpire, the scoreboard alone gained’t rely.
Q2: What Did the Supreme Court docket Say in This Case?
The case concerned two brothers combating over property.
- Brother 1 (Purchaser) claimed he received the property by way of a registered Will, energy of legal professional, and sale settlement from their father.
- Brother 2 mentioned he had already acquired the property years earlier by way of an oral reward.
When the case reached the Supreme Court docket, the bench of Justices Aravind Kumar and Sandeep Mehta dominated:
Even when Brother 2 was not a “authorized inheritor” immediately contesting the Will, Part 68 should nonetheless be adopted.
A registered Will will not be sufficient. An testifying witness should verify it in courtroom.
The Court docket careworn: this requirement is necessary, not optionally available.
Q3: Why Isn’t Registration of a Will Sufficient?
Many individuals assume, “If the Will is registered with the sub-registrar, why trouble with witnesses?”
Right here’s the reality: registration solely reveals that the doc was filed. It doesn’t show the testator was of sound thoughts, understood the contents, or signed it voluntarily.
For instance:
- Your grandfather indicators a Will leaving you his land.
- You register it the following day.
- Ten years later, in courtroom, somebody asks: “Was Grandpa wholesome? Did he know what he was signing?”
- The registrar gained’t reply that. Solely a witness who noticed him signal can verify.
That’s why registration alone isn’t sufficient.
This fall: What If Witnesses Are Lifeless or Lacking?
Good query! What if each testifying witnesses are not alive or can’t be traced?
The legislation has a backup plan beneath Part 69 of the Proof Act:
- You may show the handwriting of the testator and the testifying witnesses.
- For instance, handwriting consultants or individuals accustomed to their signatures can testify.
This ensures a Will doesn’t fail simply because witnesses are unavailable. But when no less than one is alive and reachable, you should name them.
Q5: Can Random Individuals Testify As an alternative?
No. A bystander saying “I noticed Grandpa signal one thing as soon as” will not be sufficient.
The Supreme Court docket has already mentioned: solely an testifying witness counts. A “stray witness” can not show the Will.
So, if the Will lists Witness A and Witness B, then solely they (or their handwriting if useless) matter. No person else’s testimony will do.
Q6: What If There Are Suspicious Circumstances?
Courts are further cautious with Wills as a result of they arrive into impact solely after dying. Typically issues look fishy, comparable to:
- The individual benefiting from the May also drafted it.
- Witnesses don’t know one another.
- The Will excludes pure heirs with out rationalization.
In such instances, the propounder (the individual counting on the Will) should present stronger proof to clear doubts.
Instance: In the event you’re the one baby inheriting all the pieces and also you additionally introduced the witnesses, the courtroom might ask extra questions earlier than accepting it.
Q7: What Does This Ruling Imply for Households?
This ruling has sensible implications for anybody counting on a Will:
- Don’t assume registration is sufficient. At all times plan for witness testimony.
- Preserve your witnesses recognized and obtainable. Keep away from selecting individuals who might transfer away or be unreachable.
- Doc correctly. If witnesses die, guarantee signatures are identifiable for Part 69.
- Be clear. Courts don’t like hidden palms in Will drafting.
Q8: A Easy Analogy – Cake Baking
Consider proving a Will like baking a cake:
- Registration = baking the cake and displaying the recipe.
- Testifying witness testimony = somebody tasting the cake and confirming it’s yours.
- Part 69 backup = if no tasters exist, handwriting proof is like displaying the oven log and icing sample.
With out tasters or proof, the decide gained’t imagine you baked the cake.
Q9: FAQs Individuals Ask About Wills
1. Is a handwritten Will legitimate?
Sure, if signed by the testator and attested by two witnesses.
2. What if the Will is notarized however not registered?
Notarization doesn’t substitute witness requirement. Witness testimony remains to be necessary.
3. Can I be each beneficiary and witness?
No. A beneficiary shouldn’t attest the Will. Courts deal with that as suspicious.
4. Is probate all the time wanted?
In metros like Mumbai, Chennai, Kolkata—sure. Elsewhere, not all the time, however proving the Will beneath Part 68 remains to be required.
Guidelines: Safe Your Will
- Have no less than two impartial, reliable witnesses.
- Ideally select witnesses youthful than you (in order that they’re alive later).
- Preserve their contact particulars protected.
- Inform your loved ones concerning the Will.
- If registering, do it—however don’t depend on registration alone.
- Overview and replace the Will if wanted.
Sensible Suggestions: If You’re Writing a Will Right now
- Keep away from utilizing shut relations as witnesses. Courts might deal with it as suspicious.
- Decide witnesses who’re more likely to stay accessible (buddies, colleagues, neighbors).
- If potential, have your Will drafted with skilled authorized steering.
- Retailer the unique safely, and inform your executor the place it’s.
Conclusion: Proof Issues Extra Than Paper
The Supreme Court docket’s 2025 ruling in Sanjay Bhardwaj v. Narayanrao Bhardwaj reminds us that a Will isn’t just about writing—it’s about proving.
Even when no member of the family contests it, the courtroom won’t skip the witness requirement. Part 68 of the Proof Act makes certain of that.
After a liked one’s dying, the very last thing households need is one other combat in courtroom. This ruling teaches us that just a few cautious steps immediately—choosing the proper witnesses and preserving their particulars—can defend your loved ones’s peace tomorrow.
Carry a witness to deliver the Will alive.
Fast Takeaways
- A registered Will alone is not sufficient in India.
- A minimum of one testifying witness should testify in courtroom beneath Part 68.
- If witnesses are unavailable, Part 69 permits proof by way of handwriting verification.
- A beneficiary ought to by no means act as a witness—it raises suspicion.
- Probate should still be required in cities like Mumbai, Chennai, and Kolkata.
