The Supreme Court has ruled that Section 68 of the Indian Evidence Act, 1872, mandates the examination of at least one attesting witness to prove the validity of a Will, rejecting any exceptions based on the nature of the opposing party or their claim. A bench comprising Justices Aravind Kumar and Sandeep Mehta, with Justice Kumar authoring the judgment, overturned the Delhi High Court’s decision that had relaxed this requirement in a property dispute, emphasizing strict adherence to legal standards.
The case, Ramesh Chand (D) Thr. LRs. v. Suresh Chand and Anr. (Civil Appeal No. 6377 of 2012), arose from a property dispute over premises No. 563, Ambedkar Basti near Balmiki Gate, Delhi-110053, originally owned by Shri Kundan Lal, father of the appellant (Ramesh Chand) and respondent (Suresh Chand). The respondent claimed title through an Agreement to Sell, General Power of Attorney, affidavit, receipt, and a registered Will dated May 16, 1996, alleging Ramesh Chand was initially a licensee who turned trespasser after the alleged purchase. He further claimed Ramesh illegally sold half the property to a third party (Respondent No. 2). Conversely, Ramesh asserted the property was orally gifted to him in 1973, with possession since then, challenging the respondent’s documents, including the Will, and seeking a declaration of ownership.
The trial court decreed the suit in favor of Suresh Chand on May 11, 2000, a decision upheld by the Delhi High Court on April 9, 2012, dismissing Ramesh’s appeal. The High Court held that non-examination of an attesting witness under Section 68 was not fatal, as the dispute did not involve legal heirs—Ramesh claiming independent title via oral transfer—allowing relaxed proof standards. Aggrieved, Ramesh’s legal heirs appealed to the Supreme Court.
The Supreme Court rejected the High Court’s reasoning, clarifying that Section 68’s requirement is absolute for any Will used as evidence, irrespective of the disputing parties. The judgment stated: “Even the High Court, while evaluating the validity of the Will, has gone on a different tangent and has erroneously held that the requirement of examining the attesting witnesses springs into action only in cases of disputes between legal heirs. Such an observation is quite contrary to law, for Section 68 of the Evidence Act makes it mandatory to examine at least one of the attesting witnesses of the Will.” This ruling underscores that the provision applies universally, ensuring the authenticity of testamentary documents.
The court’s decision reinforces the legal framework for Will validation, setting aside the High Court’s judgment and remanding the matter for reconsideration in light of the mandatory witness examination requirement. This landmark ruling clarifies the non-negotiable nature of evidentiary standards in property disputes involving Wills.
Case Details: Ramesh Chand (D) Thr. LRs. v. Suresh Chand and Anr. | Civil Appeal No. 6377 of 2012
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