No Requirement To Prove Authenticity Of Will If Testator Admits To Its Execution In Pleadings Before Court: Karnataka High Court

The Karnataka High Court has said that once a testator has admitted the execution of a Will in proceedings before the Court and pleadings are filed, there would be no requirement to further establish the authenticity of the Will in terms of Sections 67, 68 and 70 of Bharatiya Sakshya Adhiniyam.A single judge, Justice Suraj Govindaraj held thus while dismissing a petition filed by Sarojini Bhanvi and another challenging an order of the trial court allowing the application made by Yallappa Kempanna Badiagawad, to come on record as the legal representative of the deceased Tayamma. The deceased Tayavva had filed a suit seeking a declaration that another will executed by one Durgappa S/o.Basalingappa Bhanvi in respect of the suit properties in favour of the defendants therein was illegal, unlawful, null and void and further declaration that she is the legally wedded wife of late Durgappa Basalingappa Bhanvi and as such she is the Class I heir.During the pendency of the suit she expired but during the pendency, she had filed an amendment application and got the plaint amended by inserting details about the legatee. The petitioners primarily contended that the will had not been executed in a proper manner and that the Will would have to be proved before the application could be considered. Unless the Will satisfies the test of law, the application could not be considered.The respondent submitted that Tayawwa had categorically admitted the execution of the said Will in favour of the applicant. Since this statement is part of the pleadings filed by Tayawwa, there would be no requirement for any further proof of the Will. Such proof would be required only if they were to say there is no categorical admission by the testator as regards the execution of the Will. Findings: Rejecting the contention of the petitioner that whenever anyone propounds a Will, the said Will has to be established in the manner known to law, the court said “In my considered opinion this contention would have been true, if there is a dispute between any person/s claiming under the Will and the right of any party who is affected by the Will.” Referring to the amendment made in the plaint by the deceased the bench said “She has categorically made a submission that she has executed a Will in respect of the suit properties bequeathing the suit properties in favour of the applicant Yallappa S/o.Kempanna Badigwad of Madawal village out of love and affection while she had sound dispossession of her own free will and wishes. Such a pleadings which has been made in the said suit by producing the Will would indicate a categorical admission made by the Testator of the execution of the Will.” Thus it held “If a Testator were to admit the execution and the contents of a Will in a Court proceedings, there would be no requirement to further prove the execution and veracity of the Will in terms of Sections 67, 68 and 70 of the BSA, 2023.” Accordingly it dismissed the petition. Appearance: Advocate Shriharsha A. Neelopant for Petitioners.Advocate Sanjay Katageri for RespondentCitation No: 2025 LiveLaw (Kar) 44Case Title: Sarojinin Bhanvi & Others AND Yallappa Kempanna Badiagawad Case No: WRIT PETITION NO. 102067 OF 2024Click Here To Read/Download Order

No Requirement To Prove Authenticity Of Will If Testator Admits To Its Execution In Pleadings Before Court: Karnataka High Court

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No Requirement To Prove Authenticity Of Will If Testator Admits To Its Execution In Pleadings Before Court: Karnataka High Court

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