'Valid Execution' of a Will Does Not Guarantee It’s Genuineness : Supreme Court
The Supreme Court, in Lilian Coelho & Ors. v. Myra Philomena Coalho, held that once the execution of a Will is proven under Section 63 of the Indian Succession Act and Section 68 of the Evidence Act, the Court must require the propounder to address any suspicious circumstances raised.
In the case, Myra Philomena Coalho sought Letters of Administration (LOA) with her mother’s Will. While a Single Judge of the Bombay High Court confirmed the Will's valid execution, it dismissed the suit due to suspicious circumstances. On appeal, the Division Bench deemed the Will genuine, dismissing the suspicion and decreeing the suit.
The Supreme Court clarified that a Will’s valid execution does not equate to its genuineness. A validly executed Will creates only a presumption, not proof of genuineness, and the Court must address suspicions raised. The Bench criticized the Division Bench for overlooking this distinction and reinstated the Single Judge's findings, allowing the matter to be argued on merits before the Division Bench.