A will is only as good as the proof behind it. The person relying on a will has to prove that it was properly made, and has to explain anything about it that looks suspicious. Most of what goes wrong can be prevented on the day it is signed.
Who has to prove what
In H. Venkatachala Iyengar v. B. N. Thimmajamma (Supreme Court of India, judgment of 13 November 1958, reported at 1959 Supp (1) SCR 426 and AIR 1959 SC 443), the Supreme Court set out how a will is proved:
- The person putting the will forward has to show that its maker signed it, was of sound and disposing mind, understood what the dispositions were and what they would do, and signed it of their own free will.
- Some wills come with suspicious circumstances: a shaky or doubtful signature, a very feeble state of mind, or gifts that look unnatural, improbable or unfair in the circumstances. Then the person relying on the will has to remove those suspicions before a court accepts it.
- If the person putting the will forward took a prominent part in making it and receives a substantial benefit under it, that is generally treated as a suspicious circumstance in itself. They must remove it by clear and satisfactory evidence.
- A person who challenges a will on the ground of undue influence, fraud or coercion has to prove it.
The grounds, and the law behind each
- Capacity. The maker must be of sound mind and not a minor (Indian Succession Act, 1925, section 59).
- Free will. A will, or any part of it, made because of fraud, coercion or pressure that takes away the maker's free will is void (section 61).
- Signing and witnessing. The will must be signed and attested by two witnesses as section 63 requires, and at least one attesting witness must be called to prove it if one is available (Bharatiya Sakshya Adhiniyam, 2023, sections 67 and 68).
- Revocation and changes. A will can be revoked only in the ways section 70 allows, and changes made after signing count only if they are signed and witnessed (section 71).
- Suspicious circumstances. As the Supreme Court explained above.
How Waseeyat designs against these
- Capacity: if you are 80 or older, or tell us about a serious illness, the signing kit includes a doctor's fitness certificate to complete on the signing day.
- Free will: the kit asks that beneficiaries are not in the room and do not organise the signing.
- Signing: the will is printed for the signing day with the date and place, the signature at the end, initials lines on every page, and an attestation clause recording how the witnesses signed.
- Witnesses: a checklist for choosing them, and a record of who they are and how to reach them.
- Language: if the will is in a language you do not read, it records who read it over and explained it to you.
- Changes: no handwritten changes after signing; a codicil or a new will instead.
- Proof later: a scan of the signed will in your vault, and a record of where the original is kept.
Sources
- H. Venkatachala Iyengar v. B. N. Thimmajamma, Supreme Court of India, judgment of 13 November 1958, 1959 Supp (1) SCR 426, AIR 1959 SC 443. Full text of the judgment read 9 October 2026 at https://indiankanoon.org/doc/22929/ (the Supreme Court's own report search requires a CAPTCHA and was not used).
- The Indian Succession Act, 1925 (Act 39 of 1925), sections 59, 61, 63, 70 and 71. India Code consolidated text as on 19 June 2026, read 9 October 2026: https://indiacode.gov.in/act/3eeb6aec-1e1f-42d4-9673-c04d21829663
- The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), sections 67 and 68. India Code consolidated text as on 6 October 2025, read 9 October 2026: https://indiacode.gov.in/act/9e461245-2c13-4171-9d9d-267425c01e1d
General information about Indian law, not legal advice. Waseeyat is not a law firm.