#Wills and Succession

The Bombay High Court has affirmed that plaintiffs may amend their pleadings to challenge a will produced for the first time after the suit is filed, provided there is no prejudice to the defendant and no evidence of mala fide. This reinforces the liberal spirit of CPC Order VI Rule 17 and empowers heirs to contest hidden testamentary instruments even late in litigation, significantly impacting probate and succession disputes.

Madras High Court rules that an unregistered will is sufficient as a parent document for registering a settlement deed, reinforcing that registration of wills is not mandatory under law. The ruling quashes the Sub Registrar's refusal, directing registration within two weeks and clarifying property rights for beneficiaries.

Madras High Court ruled that an unregistered will cannot be grounds for refusing registration of a partition deed, as registration of a will is optional under the Registration Act, 1908. The decision clarifies that administrative authorities cannot impose additional conditions not prescribed by law, ensuring smoother property divisions for parties relying on testamentary documents.

Madhya Pradesh High Court holds that late introduction of documents requires recall of witness for cross-examination and preserves right to examine attesting witnesses under Indian Succession Act.