Unregistered Wills Cannot Be Treated As Suspicious, Property Transfer To Sister To Be Upheld: Supreme Court

The Supreme Court has ruled that the absence of registration does not make a will suspicious or invalid, clarifying that Indian law does not require wills to be registered.

A bench of Justice Ujjal Bhuyan and Justice Vijay Bishnoi made the observation while dismissing an appeal filed by the wife and children of a Karnataka man who had challenged a will executed in favour of his sister.

The dispute involved agricultural and ancestral properties owned by B. Sheena Nairi. In 1983, he executed a will transferring the properties to his sister, Laxmi Nairthy. After his death, his wife and children questioned the authenticity of the document and claimed that it had been fabricated.

One of the main point of arguments was that the will had not been registered. They argued that the lack of registration created doubts about whether the document was genuine.

Court Clarifies Position On Registration

Rejecting the argument, the Supreme Court said that there is no legal requirement for a will to be registered. The bench referred to an earlier ruling which stated that most wills in India are not registered, and that non-registration alone cannot be treated as a suspicious circumstance.

The Court has observed that people often prepare wills privately within families and registration is optional under the law. It said that any form of suspicion concerning the will should come from more concrete evidence like threats, fraud, and doubt about the mental status of the individual during the formation of the will.

Family Disputes Over Property

The judgment also discussed a common issue in inheritance disputes. The Court said that excluding natural heirs from a will does not automatically make it doubtful because the purpose of a will is often to distribute property differently from the normal line of succession.

The bench further noted that revenue or mutation entries in government records are meant mainly for tax and administrative purposes and do not decide ownership rights.

It was further alleged by the wife and children that there was forgery. However, according to the Court, since they could not bring forth any evidence to prove this allegation, the apex court found no reason to substantiate the case made against the authenticity of the will.

FAQs

1. Can a will be valid without registration?
   Yes, the Supreme Court said Indian law does not require wills to be registered.

2. Why did the family challenge the will?
   The wife and children alleged the will was fabricated and questioned why it was not registered.

3. Did the Supreme Court find the will suspicious?
   No, the Court said non-registration alone cannot create suspicion about a will’s genuineness.

4. Who received the property in this case?
   The property was transferred to the deceased man’s sister through the will.