COURTKUTCHEHRY SPECIAL ON INDIA’s LANDMARKS JUDGEMENTS ON WILL, PROBATE, CODICIL
Supreme Court Upholds Secondary Evidence for Lost Wills
Sections 65–66 of Evidence Act allow proof when originals are unavailable.
Testimony of scribe and patwari deemed sufficient to establish existence of Will.
COURTKUTCHEHRY LEGAL NOTE:
Summary Note of FAQs
- The FAQs clarify that secondary evidence can be admitted when a Will is lost, provided its existence is reasonably established. The Supreme Court in Jagmail Singh v. Karamjit Singh Case Summary, emphasized that substantive rights should not be defeated by procedural hurdles, ensuring justice in inheritance disputes. (Click here to read full judgement with an in depth analysis: https://www.courtkutchehry.com/pages/blog/jagmail-singh-v-karamjit-singh-secondary-evidence-lost-will/
detailed Supreme Court rulings on probate matters
Also check out these links for the key clarifications made in the judgment.
- Secondary Evidence in Indian Evidence Act
- Lost Will Supreme Court Judgement
- Jagmail Singh v. Karamjit Singh Case Summary
- Proof of Will in India
- Inheritance Law Supreme Court India
- Sections 65 and 66 Evidence Act Explained
- Property Disputes and Lost Wills
- Supreme Court Rulings on Evidence
FREQUENTLY ASKED QUESTIONS: FAQs
Q1. What is secondary evidence under the Indian Evidence Act?
Secondary evidence refers to copies, oral accounts, or substitutes used when the original document cannot be produced, permitted under Sections 65–66.
Q2. Can a lost Will be proved in court?
Yes, if credible testimony and circumstances establish its existence and due diligence is shown in trying to produce the original.
Q3. What did the Supreme Court decide in Jagmail Singh v. Karamjit Singh?
The Court allowed secondary evidence of a lost Will, overturning the High Court’s rejection.
Q4. Is testimony of a scribe or patwari enough to prove a Will?
Yes, their testimony can provide the necessary foundation for admitting secondary evidence.
Q5. Does admission of secondary evidence prove authenticity?
No, it only allows the document’s contents to be considered; authenticity must still be proved at trial.
OUR SUGGESTION For a deeper understanding of Will, Probate, Codicil, explore this complete list of Supreme Court judgments on wills in India.