AP High Court Upholds Registered Will As Last Testament, Rejects Rival Unregistered Will Citing Suspicious Circumstances

The Andhra Pradesh High Court has held that in a dispute involving rival Wills, an unregistered Will surrounded by suspicious circumstances cannot displace a duly proved registered Will, and the “latest valid testament” would prevail when earlier document is not established in accordance with law. [2026 LiveLaw (AP) 107]

A Single Judge Bench of Justice V. Gopala Krishna Rao dismissed an appeal challenging the judgment of the first appellate court which had reversed the trial court's dismissal of a suit relating to declaration of title, possession and damages over a residential property at Kakinada.

The court observed:

“As stated supra, there are several suspicious circumstances surrounding Ex.B-1 unregistered Will and Ex.B-1 unregistered alleged Will dated 29.12.1991, is doubtful and not validly proved by the defendants. The plaintiffs are relying on Ex.A-2 registered Will deed which is the last Will. As stated supra, the plaintiffs are relying on Ex.A-2 registered Will which is the last testament of the testatrix and there are no suspicious circumstances surrounding Ex.A-2 Will. Therefore, the last Will of Subbayamma, i.e., Ex.A-2 Will, has to be taken into consideration.

As noticed supra, this Court came to the conclusion that the Ex.B-1 Will is not proved. Since Ex.B-1 Will is not proved, Ex.A-2 registered Will dated 31.08.1990, which is the last testament of Subbayamma, has to be taken into consideration. Under law, the latest Will prevails over the old Wills and Ex.A-2 herein is the last testament of Subbayamma. Moreover, the appearance of the testatrix before the Sub-Registrar on 31.08.1990 cannot be doubted and the presence of the executant before the Sub-Registrar can be favourably presumed unless some material is placed by the other side to disprove Ex.A-2 Will.”

The dispute arose between the legal heirs of Subbayamma's brother (plaintiffs) and her other relatives (defendants), both claiming rights over the property on the basis of different Wills allegedly executed by late Pamarthi Subbayamma. While the plaintiffs relied on a registered Will executed in favour of her brother, the defendants asserted their claim under a subsequent unregistered Will.

The trial court had dismissed the suit, however the first appellate court reversed the findings and decreed the suit in favour of the plaintiffs. The defendants thereafter approached the High Court in second appeal, primarily contending that the appellate court erred in appreciating the validity of the competing Wills and the surrounding circumstances.

Upholding the first appellate court's view, the High Court reiterated the limited scope of interference under Section 100 CPC, and examined whether the unregistered Will projected by the defendants could be treated as duly proved in law.

The Court found multiple suspicious circumstances surrounding the defendants' Will, including ongoing disputes between the parties, beneficiary participation in execution, and failure to remove inherent doubts in its authenticity. It further held that the plaintiffs' registered Will stood duly proved through attesting witnesses and was not surrounded by any suspicious circumstances.

It further held that when the defendants' Will fails in proof, the registered Will relied upon by the plaintiffs assumes primacy as the last valid testament of the deceased, and therefore governs succession.

Rejecting the appellants' arguments, the Court concluded that no substantial question of law arose for consideration and affirmed the findings of the first appellate court.

Accordingly, the second appeal was dismissed, with the High Court upholding the plaintiffs' entitlement to the suit schedule property based on the registered Will.

Case Title: S. Annapoorna (Died) & Others v. S. Satyanarayana Murthy & Others

Case No.- Second Appeal no. 494 of 2016

Counsel for the Appellant(S): M N Narasimha Reddy, A Syam Sundar Reddy

Counsel for the Respondent(S): Kirthi Teja Kondaveeti

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Citation: 2026 LiveLaw (AP) 107