Mere Presence Of Beneficiaries During Execution Of Will Is Not Suspicious Circumstance: HP High Court

The Himachal Pradesh High Court held that the mere presence of beneficiaries at the time of execution of a Will does not, by itself, render it suspicious, in the absence of evidence showing undue influence or active participation in its execution. The Court observed that where witnesses only indicate that all persons were present together at the time of writing the Will, without anything to suggest that the beneficiaries prevailed over the testator, such presence cannot be a ground to doubt the genuineness of the testament. Justice Rakesh Kainthla remarked that: “In the present case, nobody deposed that the beneficiary had prevailed over the testator. Thus, it cannot be said that there was any active participation, and the learned Appellate Court erred in holding that the mere presence of the beneficiary at the time of the execution of the Will was sufficient to invalidate it.” Background: The case arose from a civil suit filed by the plaintiffs seeking a declaration that two Wills dated 20.03.2007 and 11.04.2007, allegedly executed by Dharam Chand in favour of the defendants, were null and void. They also sought possession and an injunction to restrain interference with the suit property. The plaintiffs claimed inheritance as relatives and asserted that they had been taking care of the deceased. The defendants, however, maintained that the Wills were executed voluntarily by Dharam Chand in recognition of the services rendered by them.The Trial Court upheld the Wills, concluding that their execution and attestation were duly proved and that the alleged suspicious circumstances were satisfactorily explained. However, the First Appellate Court reversed these findings on the grounds that the attestation of the Wills was not properly proved and the presence of beneficiaries during execution created suspicion. The Court stated that suspicious circumstances cannot be raised for the first time at the appellate stage without proper pleadings. It further reiterated that “exclusion of natural heirs is not, by itself, a suspicious circumstance, as the very purpose of a Will is to alter the normal line of succession”.The Court remarked that even if witnesses do not use specific words, execution can be inferred if evidence shows that the testator and witnesses were present together and signed the Will in one sitting.The Court stated that a registered Will carries a presumption of validity, including the testator's sound mental state, unless rebutted by cogent evidence, which was lacking in the present case.Thus, the High Court dismissed the Appellate Court's findings and restored the Trial Court's judgment upholding the Will.Case Name: Shiv Dayal & Anr. V/s Kanshi Ram & Anr.Case No.: RSA No.105 of 2012Date of Decision: 09.04.2026For the Appellants: Mr R.K. Bawa, Senior Advocate, with Mr Abhinav Thakur, Advocate.For the respondents: Mr Bhupinder Gupta, Senior Advocate, with Mr Harshit Sharma, AdvocateClick Here To Read/Download Order

Mere Presence Of Beneficiaries During Execution Of Will Is Not Suspicious Circumstance: HP High Court

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