Once Probate Is Granted, Will Need Not Be Proved Afresh Under Section 68 Of Evidence Act: Delhi High Court
The Delhi High Court has held that once probate is granted in respect of a Will, the document need not be proved afresh in subsequent civil proceedings under Section 68 of the Indian Evidence Act.
Section 68 prescribes that if a document is required by law to be attested (like a Will or a Gift Deed), it cannot be used as evidence in court unless at least one attesting witness is called to prove its execution.
As per the case, the appellant's grandfather, Late Prabhu Nath Singh, had executed a registered Will dated June 26, 2007. The Will provided that “cash balance in joint accounts opened with the Banks and/or Post Office shall go and devolve upon the respective joint holder exclusively.”
Following his death on August 1, 2009, disputes arose between the appellant and his mother regarding funds lying in a joint bank account. The mother claimed that the account contained ₹17.98 lakh at the time of the testator's death and sought 50% share in terms of the Will.
Before the High Court, the son argued that the Will had not been proved in accordance with Section 68 of the Evidence Act since no attesting witness had been examined.
Rejecting the contention, the Court noted that the Will had already been probated in earlier proceedings where both parties were involved.
“Once Probate is granted, the Probate Judgment operates in rem and the Will is not required to be proved afresh,” Justice Neena Bansal Krishna held.
The Court further observed that the operative clause relating to the joint bank account was “explicit and unambiguous” and clearly intended the money to devolve upon the surviving joint holders.
It also rejected the appellant's objection that the suit was barred by limitation.
The Court held that the right to sue arose only when the mother asserted her entitlement under the Will and the same was denied or not honoured, and not merely because she was aware of the operation of the bank account.
Accordingly, the appeal was dismissed.
Appearance: Mr. Nishant Das, Mr. Aditya Rana and Ms. Aatrayi Das, Advocates along with Appellant in person
Case title: Mr. Dileep Singh v. Smt. Girija Devi
Case no.: RFA 481/2026