How to Prove a Will in India? Supreme Court’s 2025 Ruling

Wondering how to prove a Will in India? Supreme Court clarifies that even a registered Will needs witness testimony under Section 68 Evidence Act.

Supreme Court (Sept 2025) in Sanjay Bhardwaj v. Narayanrao Bhardwaj ruled that even a registered Will in India must be proved by an attesting witness under Section 68 of the Evidence Act.

Refer our earlier article on how to write a WILL on your own, “How to write a WILL in India? | Download Sample WILL format“.

How to Prove a Will in India? Supreme Court’s 2025 Ruling

Is a Registered Will Enough?

Imagine this: your father leaves behind a registered Will giving you his property. None of your siblings raise any objection. You walk into court, confident that the Will is enough.

But the judge asks: “Where is the attesting witness?”

Confused? You’re not alone. Many families assume a registered Will is sufficient. But on 6th September 2025, in the case of Sanjay S/o Parmanand Bhardwaj v. Narayanrao S/o Ramkrishna Bhardwaj & Ors., the Supreme Court of India clarified that under Section 68 of the Indian Evidence Act, it is mandatory to call at least one attesting witness to prove a Will—even when no heir disputes it.

This ruling teaches us one thing: paperwork is not proof until backed by witnesses.

Q1: What Is Section 68 of the Indian Evidence Act?

In simple words:

• If a law says a document (like a Will, gift deed, or mortgage) must be signed by witnesses, then in court you must examine at least one attesting witness to confirm it.
• That witness must testify that the testator (the person making the Will) signed it in their presence.

Think of it like a cricket match. The scoreboard (the Will) shows the runs, but the umpire (the witness) must confirm the runs were actually scored. Without the umpire, the scoreboard alone won’t count.

Q2: What Did the Supreme Court Say in This Case?

The case involved two brothers fighting over property.

• Brother 1 (Buyer) claimed he got the property via a registered Will, power of attorney, and sale agreement from their father.
• Brother 2 said he had already received the property years earlier through an oral gift.

When the case reached the Supreme Court, the bench of Justices Aravind Kumar and Sandeep Mehta ruled:
Even if Brother 2 was not a “legal heir” directly contesting the Will, Section 68 must still be followed.
A registered Will is not enough. An attesting witness must confirm it in court.

The Court stressed: this requirement is mandatory, not optional.

Q3: Why Isn’t Registration of a Will Enough?

Many people think, “If the Will is registered with the sub-registrar, why bother with witnesses?”

Here’s the truth: registration only shows that the document was filed. It doesn’t prove the testator was of sound mind, understood the contents, or signed it voluntarily.

For example:

• Your grandfather signs a Will leaving you his land.
• You register it the next day.
• Ten years later, in court, someone asks: “Was Grandpa healthy? Did he know what he was signing?”
• The registrar won’t answer that. Only a witness who saw him sign can confirm.

That’s why registration alone is never enough.

Q4: What If Witnesses Are Dead or Missing?

Good question! What if both attesting witnesses are no longer alive or can’t be traced?

The law has a backup plan under Section 69 of the Evidence Act:

• You can prove the handwriting of the testator and the attesting witnesses.
• For example, handwriting experts or people familiar with their signatures can testify.

This ensures a Will doesn’t fail just because witnesses are unavailable. But if at least one is alive and reachable, you must call them.

Q5: Can Random People Testify Instead?

No. A bystander saying “I saw Grandpa sign something once” is not enough.

The Supreme Court has already said: only an attesting witness counts. A “stray witness” cannot prove the Will.

So, if the Will lists Witness A and Witness B, then only they (or their handwriting if dead) matter. Nobody else’s testimony will do.

Q6: What If There Are Suspicious Circumstances?

Courts are extra cautious with Wills because they come into effect only after death. Sometimes things look fishy, such as:

• The person benefiting from the Will also drafted it.
• Witnesses don’t know each other.
• The Will excludes natural heirs without explanation.

In such cases, the propounder (the person relying on the Will) must provide stronger proof to clear doubts.

Example: If you’re the only child inheriting everything and you also brought the witnesses, the court may ask more questions before accepting it.

Q7: What Does This Ruling Mean for Families?

This ruling has practical implications for anyone relying on a Will:

1. Don’t assume registration is enough. Always plan for witness testimony.
2. Keep your witnesses known and available. Avoid picking people who may move away or be unreachable.
3. Document properly. If witnesses die, ensure signatures are identifiable for Section 69.
4. Be transparent. Courts don’t like hidden hands in Will drafting.

Q8: A Simple Analogy – Cake Baking

Think of proving a Will like baking a cake:

• Registration = baking the cake and showing the recipe.
• Attesting witness testimony = someone tasting the cake and confirming it’s yours.
• Section 69 backup = if no tasters exist, handwriting proof is like showing the oven log and icing pattern.

Without tasters or proof, the judge won’t believe you baked the cake.

Q9: FAQs People Ask About Wills

1. Is a handwritten Will valid?
Yes, if signed by the testator and attested by two witnesses.

2. What if the Will is notarized but not registered?
Notarization doesn’t replace witness requirement. Witness testimony is still mandatory.

3. Can I be both beneficiary and witness?
No. A beneficiary should not attest the Will. Courts treat that as suspicious.

4. Is probate always needed?
In metros like Mumbai, Chennai, Kolkata—yes. Elsewhere, not always, but proving the Will under Section 68 is still required.

Checklist: How to Secure Your Will

• Have at least two independent, trustworthy witnesses.
• Preferably choose witnesses younger than you (so they’re alive later).
• Keep their contact details safe.
• Inform your family about the Will.
• If registering, do it—but don’t rely on registration alone.
• Review and update the Will if needed.

Practical Tips: If You’re Writing a Will Today

• Avoid using close family members as witnesses. Courts may treat it as suspicious.
• Pick witnesses who are likely to remain accessible (friends, colleagues, neighbors).
• If possible, have your Will drafted with professional legal guidance.
• Store the original safely, and tell your executor where it is.

Conclusion: Proof Matters More Than Paper

The Supreme Court’s 2025 ruling in Sanjay Bhardwaj v. Narayanrao Bhardwaj reminds us that a Will is not just about writing—it’s about proving.

Even if no family member contests it, the court will not skip the witness requirement. Section 68 of the Evidence Act makes sure of that.

After a loved one’s death, the last thing families want is another fight in court. This ruling teaches us that a few careful steps today—choosing the right witnesses and preserving their details—can protect your family’s peace tomorrow.

Bring a witness to bring the Will alive.

Quick Takeaways

• A registered Will alone is not enough in India.
• At least one attesting witness must testify in court under Section 68.
• If witnesses are unavailable, Section 69 allows proof through handwriting verification.
• A beneficiary should never act as a witness—it raises suspicion.
• Probate may still be required in cities like Mumbai, Chennai, and Kolkata.