“Registered Will is Presumed to Be Genuine” – Supreme Court of India

A significant decree in Metpalli Lasum Bai (Since Dead) And Others v. Metapalli Muthaih(D) By Lrs., C.A. No(s). 5921 of 2015 with C.A. No(s). 5922 of 2015, decided on 21^st July 2025, the Hon’ble Supreme Court of India reiterated the evidentiary value and legal presumption attached to a registered will. The matter arose from a property dispute within the Metpalli family and highlights the importance of executing and registering a will to ensure the testator’s {i.e. person making a will is called testator(ix)} intentions are legally honoured and protected against future challenges.

In the present case, the testator, Metpalli Rajanna, who passed away in 1983, had contracted second marriage after his first wife passed away leaving behind two children. His second wife – Lasum Bai who did not bear any child. In light of internal familial tensions—particularly between his second wife, Lasum Bai, and his son Muthaiah—he executed a registered will dated 24^th  July 1974. Rajanna’s intention was to ensure a fair and peaceful distribution of his properties among his second wife, son, and daughter.

After Rajanna’s demise, Lasum Bai instituted a civil suit seeking enforcement of her rights in the property under the registered will. The will allocated a specific share of land to her, while a larger portion was devised to Muthaiah. Crucially, Muthaiah admitted during the trial that the signature on the will belonged to his father and that Lasum Bai had taken possession of the land bequeathed to her.

The Hon’ble Supreme Court observed that a registered will carries with it a strong presumption of genuineness. The burden of proof thus shifts to the party contesting the will to establish its invalidity or to demonstrate suspicious circumstances sufficient to discredit it. In this case, the appellant, Muthaiah, failed to discharge such burden.¹ Accordingly, Lasum Bai’s entitlement to her share was upheld, including land she had sold in the year 1994 during the pendency of the suit.

This decision is an important example showing the strong legal value of a registered will under Indian succession law. It shows that the act of registration, while not mandatory under the Indian Succession Act, 1925,² greatly increases the value of the will as evidence and helps protect it from false or unnecessary legal challenges.

This judgment makes it clear that registering a will is not just a formality but a smart step. It gives legal clarity and protects the wishes of the person making the will, especially in families with complicated relationships. For anyone planning how their property should be shared after death, a registered will is a useful tool to prevent long court cases and family disputes.

---

Footnotes:

1. C.A. No(s). 5921 of 2015 with C.A. No(s). 5922 of 2015, Supreme Court of India, decided on 21.07.2025.
   
   
2. See Section 63 of the Indian Succession Act, 1925 – execution of unprivileged wills; registration is not compulsory but is permissible under the Indian Registration Act, 1908.