Facts
Chhajju Ram, an illiterate agriculturist, died issueless in 1992. His widow, Bhambo Devi, claimed ownership of his property by intestate succession and challenged a registered Will dated 06.11.1974 allegedly executed in favour of the defendants. She asserted that the Will was forged and that she had been wrongly deprived of her inheritance. The Trial Court and the First Appellate Court held the Will invalid due to several suspicious circumstances. The High Court reversed those findings and upheld the Will, leading to the present appeal.
Issues Framed
(a) Whether the plaintiff's pleadings and failure to examine herself defeated her claim.
(b) Whether the Will was surrounded by suspicious circumstances.
(c) Whether the High Court was justified under S.100 CPC in reversing the concurrent findings of the courts below.
Court's Reasoning
(a) The Court held that the plaintiff's alternative plea alleging fraud or undue influence did not amount to admitting execution of the Will. Since the defendants admitted that Chhajju Ram died issueless and that the plaintiff was his widow, those facts stood admitted. The burden of proving the Will always remained on its propounder.
(b) The Court found several unexplained suspicious circumstances: the complete disinheritance of the widow without a convincing reason; doubtful explanation that the beneficiaries had cared for the testator; unexplained execution of the Will nearly eighteen years before the testator's death; and serious unexplained alterations in the registration endorsement. Merely proving attestation under S.63 Indian Succession Act, 1925 and S.68 Indian Evidence Act, 1872 was insufficient where such suspicious circumstances existed.
(c) The Court held that the High Court exceeded its jurisdiction under S.100 CPC by re-appreciating evidence and overturning concurrent findings of fact that were based on a proper evaluation of the suspicious circumstances surrounding the Will.
Held
The appeal was allowed. The judgment of the High Court was set aside, and the concurrent judgments of the Trial Court and the First Appellate Court declaring the Will invalid and recognising the plaintiff's rights by intestate succession were restored.
Ratio
Where a Will is surrounded by genuine suspicious circumstances, the propounder must remove those suspicions and satisfy the Court's judicial conscience; proof of execution alone is insufficient.
Case Details
Citation: 2026 INSC 669
Decided on: 06 July 2026
Case Title: Sardari Lal v. Bishan Dass & Ors.
Court: Supreme Court of India
Bench: Manoj Misra, J.