#Registered Will

Madhya Pradesh High Court set aside a First Appellate Court's order reversing a trial court's refusal of an injunction, emphasizing that appellate interference under Order 43 Rule 1 CPC requires reasoned analysis and adherence to procedural safeguards. The ruling clarifies the scope of appellate jurisdiction in injunction disputes involving property and registered wills.

The Andhra Pradesh High Court ruled that an unregistered will surrounded by suspicious circumstances cannot override a registered will unless the propounder removes all doubts. The judgment reinforces the burden of proof on the propounder to satisfy the court's conscience, impacting will validity disputes under succession law.

Madras High Court rules that a registered will under Section 68 of the Indian Evidence Act is validly proved if the testator's and one attesting witness's signatures are verified by credible witnesses, even if the attesting witness is unavailable. This holding simplifies will probate for beneficiaries where attesting witnesses are deceased or untraceable.

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.

MP High Court rules that substitution under Order 22 Rule 3 CPC is compulsory when a deceased plaintiff's interest devolves by registered Will, irrespective of disputes over its validity. The ruling ensures procedural fairness and prevents injustice to legal heirs in property disputes.

Bombay High Court holds that a registered Will creates sufficient prima facie evidence for legal representatives to continue litigation under Order 22 Rule 5 CPC.

Chhattisgarh High Court holds that registration alone does not dispense with the requirement to examine at least one attesting witness under Section 63 of the Indian Succession Act.