Questioning tips on how to show a Will in India? Supreme Court docket clarifies that even a registered Will wants witness testimony underneath 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 underneath Part 68 of the Proof Act.
Refer our earlier article on tips on how to write a WILL by yourself, “How you can write a WILL in India? | Obtain Pattern WILL format“.
How you can 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 underneath Part 68 of the Indian Proof Act, it’s obligatory 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 you have to study 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) exhibits the runs, however the umpire (the witness) should verify the runs have been really scored. With out the umpire, the scoreboard alone gained’t depend.
Q2: What Did the Supreme Court docket Say in This Case?
The case concerned two brothers combating over property.
- Brother 1 (Purchaser) claimed he bought the property by way of a registered Will, energy of legal professional, and sale settlement from their father.
- Brother 2 mentioned he had already obtained the property years earlier by 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” straight 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 harassed: this requirement is obligatory, not non-obligatory.
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 exhibits 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 subsequent 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 is rarely sufficient.
This autumn: What If Witnesses Are Useless or Lacking?
Good query! What if each testifying witnesses are now not alive or can’t be traced?
The legislation has a backup plan underneath Part 69 of the Proof Act:
- You’ll be able to show the handwriting of the testator and the testifying witnesses.
- For instance, handwriting consultants or individuals aware of 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 a substitute?
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’t 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 additional cautious with Wills as a result of they arrive into impact solely after dying. Typically issues look fishy, reminiscent of:
- The individual benefiting from the May also drafted it.
- Witnesses don’t know one another.
- The Will excludes pure heirs with out clarification.
In such instances, the propounder (the individual counting on the Will) should present stronger proof to clear doubts.
Instance: If you happen to’re the one little one inheriting all the things 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. All the time plan for witness testimony.
- Maintain your witnesses recognized and accessible. 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 arms 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 continues to be obligatory.
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 underneath Part 68 continues to be required.
Guidelines: How you can Safe Your Will
- Have no less than two impartial, reliable witnesses.
- Ideally select witnesses youthful than you (so that they’re alive later).
- Maintain their contact particulars secure.
- Inform your loved ones concerning the Will.
- If registering, do it—however don’t depend on registration alone.
- Assessment and replace the Will if wanted.
Sensible Ideas: If You’re Writing a Will Right this moment
- Keep away from utilizing shut relations as witnesses. Courts might deal with it as suspicious.
- Choose witnesses who’re more likely to stay accessible (buddies, colleagues, neighbors).
- If doable, have your Will drafted with skilled authorized steerage.
- 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 is not only 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 positive of that.
After a beloved one’s dying, the very last thing households need is one other combat in courtroom. This ruling teaches us that a number of cautious steps immediately—choosing the proper witnesses and preserving their particulars—can defend your loved ones’s peace tomorrow.
Carry a witness to carry the Will alive.
Fast Takeaways
- A registered Will alone is not sufficient in India.
- At the very least one testifying witness should testify in courtroom underneath Part 68.
- If witnesses are unavailable, Part 69 permits proof by handwriting verification.
- A beneficiary ought to by no means act as a witness—it raises suspicion.
- Probate should be required in cities like Mumbai, Chennai, and Kolkata.
