07 May 2024 Probate of Wills >> Inheritance   |   Wills under Indian Succession Act >> Inheritance   |   Will's, Codicil's & Agreements >> Personal Law  

A recent probate case in India highlights the legal weight of a certified copy of a registered will. Ms. Mala Marwah's will, represented by executor Vikas Malhotra, faced objections during the probate process.

The Dispute:

The crux of the dispute? The absence of the original will. Mr. Malhotra filed the probate petition with a certified copy of the registered will, as the original document was unavailable. However, the appellants in the case challenged the petition's validity due to the missing original will.

The Court's Decision:

The Single Judge overruled the initial objection, allowing the probate petition to proceed. This decision was based on the understanding that a certified copy of a registered will holds significant evidentiary value. The court further clarified that the appellants could address their concerns regarding the will's authenticity by presenting their arguments and evidence during the later stages of the probate process.

Key Takeaway:

This case establishes that a certified copy of a registered will can be sufficient for a probate petition to move forward in India, even if the original document is not available. However, the burden of proving the will's revocation falls on the party contesting its validity.

  Indian Evidence Act, 1872    Indian Succession Act, 1925