Supreme Court: Propounder must dispel ‘suspicious circumstances’—unreliable Will cannot be accepted

Case Name: Shivakumar & Ors. v. Sharanabasappa & Ors.

Citation: Civil Appeal No. 6076 of 2009

Date of Judgment: 24 April 2020

Bench: Justice Dinesh Maheshwari, A.M.Khanwilkar, Hemant Gupta

Held: The Supreme Court reaffirmed that a Will must be proved like any solemn document, and when it is surrounded by suspicious circumstances, the propounder bears a heavy burden to remove all legitimate doubts. On facts, the Court found multiple unexplained anomalies different coloured sheets in the same Will, inconsistent use of fountain pen and ball-pen across pages, uneven placement of signatures suggesting they were appended to pre-typed sheets, blanks and mis descriptions, the improbable story of a sealed envelope containing both the executed Will and its handwritten draft, non-examination of the typist, and failure to examine the key religious head before whom the envelope was allegedly opened. These cumulatively undermined the Will’s genuineness; the High Court rightly reversed the Trial Court’s decree.

Summary: The plaintiffs claimed title to several properties under a Will dated 20.05.1991 allegedly executed by Sangappa, who died with his wife in a 1994 accident. The Trial Court accepted the Will and restrained the defendants; the High Court, treating the document as fabricated in light of conspicuous irregularities and unreliable attestation, set aside that decree. On appeal, the Supreme Court revisited the governing principles (Sections 59 & 63, Succession Act; Section 68, Evidence Act; H. Venkatachala Iyengar line of cases) and held that the propounders failed to discharge the heightened onus. The narrative about a sealed cover opened in the presence of a Swamiji was uncorroborated, the attesting witness’s explanation for mixed writing instruments was untenable, and the physical features of the document eroded confidence. A remand was unwarranted since the High Court had already undertaken a first-appeal reappreciation on a complete record.

Decision: Appeal dismissed. The High Court’s judgment invalidating the Will and setting aside the Trial Court’s decree was affirmed; parties remain free to pursue any consequential civil remedies as per law.