#due execution

The Calcutta High Court held that while probate courts must verify a will’s due execution and the testator’s mental capacity under Section 63 of the Indian Succession Act, they lack jurisdiction to adjudicate the factual accuracy of statements within the will. This clarifies the narrow scope of probate proceedings, shielding executors from having to defend the veracity of personal allegations in a will - a critical boundary for estate litigants.

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.