#Attesting Witnesses

The Punjab & Haryana High Court ruled that a registered Will excluding a legal heir is valid unless suspicious circumstances are proven. Ancestral property status requires proof of three-generation inheritance, and familial attestation alone does not invalidate the Will. The Court clarified that exclusion without explanation is not suspicious if justified by prior conduct, setting a precedent for testamentary disputes.

The Punjab & Haryana High Court ruled that a registered Will, duly attested by two witnesses and accompanied by beneficiary consent, meets the statutory requirements for probate under Section 276 of the Indian Succession Act. The Court held that registration and absence of objections obviate the need for further proof of execution, streamlining probate proceedings for uncontested Wills.

The Madhya Pradesh High Court ruled that a Will duly executed under Section 63 of the Indian Succession Act, supported by consistent witness testimony, cannot be invalidated by minor discrepancies like overwritten text. The Court emphasized that in the absence of rival claims or objections, the probate must be granted based on unrebutted evidence of due execution, reinforcing the primacy of witness credibility in succession disputes.