Bhag Singh v. Jaskirat Singh & Ors.: Supreme Court Remits Case for Reconsideration of Wills, Restores Opportunity for Full Adjudication

COURTKUTCHEHRY SPECIAL SERIES ON LANDMARKS JUDGEMENTS ON WILLS, CODICIL & PROBATE

 

Bhag Singh v. Jaskirat Singh & Ors.: Supreme Court Remits Case for Reconsideration of Wills, Restores Opportunity for Full Adjudication

 

Validity of 1979 and 1986 Wills to Be Re-examined
 

Section 63(c) Issues Declared Substantial Legal Questions

 

By Vishwas Kumar

New Delhi: March 23, 2026:

 

On 16 December 2009, the Supreme Court of India delivered an important ruling in Bhag Singh v. Jaskirat Singh & Ors. (Civil Appeal Nos. 650–651 of 2003), addressing a complex inheritance dispute involving two competing Wills executed by Natha Singh. The central question was whether the later Will of 1986 should prevail over the earlier Will of 1979, and whether the statutory requirements for proving a Will had been properly satisfied.

The lower courts had accepted the 1986 Will and rejected the 1979 Will but notably did so without proper proof from attesting witnesses, a requirement under Section 63(c) of the Indian Succession Act. This procedural lapse raised serious concerns about the validity of the findings.

A Bench comprising Justice P. Sathasivam and Justice Asok Kumar Ganguly observed that the case involved substantial legal questions regarding the proof of Wills. The Court emphasized that compliance with Section 63(c) is mandatory, requiring attestation by witnesses and proof of execution. Since these requirements had not been adequately addressed, the Supreme Court held that the High Court’s approach was flawed.

Rather than conclusively deciding between the two Wills, the Supreme Court remitted the matter back to the High Court for reconsideration, thereby restoring the opportunity for a full adjudication on both documents. This ensured that the dispute would be resolved only after proper evidentiary scrutiny, safeguarding the integrity of succession law.

The ruling in Bhag Singh v. Jaskirat Singh underscores the judiciary’s insistence on strict compliance with statutory requirements in testamentary disputes. It serves as a reminder that courts must not bypass procedural safeguards, especially in matters involving competing Wills and family inheritance.

 

 

 

 

 

 

For More, Read Here the Summary of the Judgement from the Book:  WILL WRITING SIMPLIFIED, read below or open page no 436, Chapter 14.1 in the book. (Online book purchase link available here on: Buy online: Amazon | Flipkart

 

 

 

	Case Summary	:	Bhag Singh v. Jaskirat Singh & Ors.
	Court	:	Supreme Court of India
	Citations	:	(2009) 12 SC CK 0020: Civil Appeal Nos. 650-651 of 2003.
	Link	:	https://www.courtkutchehry.com/judgements/663098/bhag-singh-vs-jaskirat-singh-and-others/
	Decided on	:	16 December 2009
	Coram	:	Hon’ble Mr. Justice P. Sathasivam and Hon’ble Mr. Justice Asok Kumar Ganguly.
	Relevant Paragraphs	:	Para Nos. 2-9

1.         Facts of the Case:

Natha Singh, owner of two houses — one at Gurdaspur (Punjab) and another at Kalka (Haryana) — executed two separate Wills: (i) Will dated 07.12.1979 bequeathing the Gurdaspur house to his son Bhag Singh (appellant), and (ii) Will dated 11.08.1986 bequeathing the Kalka house to his other son through his grandson Jaskirat Singh (respondent). After Natha Singh’s death, Jaskirat filed a civil suit for possession of the Kalka property based on the 1986 Will. The Trial Court and First Appellate Court upheld the 1986 Will but disbelieved the 1979 Will. The High Court dismissed Bhag Singh’s second appeals without discussing the validity or legal compliance of the Wills.

 

2.         Law Points Involved:

(i).        Whether the testimony of a scribe can be treated as that of an attesting witness for proving execution of a Will under Section 63(c) of the Indian Succession Act, 1925.

(ii).       Whether the High Court could dismiss second appeals in limine when substantial mixed questions of law and fact were involved regarding the genuineness of two Wills.

(iii).      Whether the High Court could uphold one Will while rejecting another when one Will made reference to the other.

 

3.         Acts / Provisions / Articles Referred:

Section 63(c), Indian Succession Act, 1925.

 

4.         Judgements Referred:

High Court of Punjab & Haryana judgment dated 14.05.2002 in R.S.A. Nos. 4 & 5 of 2001 (set aside).

 

5.         Obiter Dicta:

The Supreme Court emphasized that the High Court must fully consider and decide substantial questions of law arising from rival claims over Wills, especially when the genuineness and compliance with statutory requirements under Section 63 are disputed.