Authenticity Of Will Need Not Be Proved If Testator Had Admitted To Its Execution In Pleadings: Karnataka HC
The Karnataka High Court was considering a Writ Petition seeking quashing of an order passed by the Principal Civil Judge and J.M.F.C. and dismissal of an application filed under Section XXII Rule 5 R/w. Section 151 of CPC by the respondent.

The Karnataka High Court has held that if a Testator had admitted to the execution of a Will in pleadings before the Court, its authenticity need not be established in terms of Sections 67, 68 and 70 of the BSA, 2023.
The Court was considering a Writ Petition seeking quashing of an order passed by the Principal Civil Judge and J.M.F.C. and dismissal of an application filed under Section XXII Rule 5 R/w. Section 151 of CPC by the respondent.
The single-bench of Justice Suraj Govindaraj observed, "....if a Testator were to admit the execution and the contents of a Will in a Court proceedings, there would be no requirement to further prove the execution and veracity of the Will in terms of Sections 67, 68 and 70 of the BSA, 2023."
The Petitioner was represented by Advocate Shriharsha A. Neelopant while the Respondent was represented by Advocate Sanjay S. Katageri.
Facts of the Case
The Petitioners herein are Defendants in a Suit contending against an application filed by one person to come on record as the legal representative of the deceased Plaintiff claiming that a Will has been executed in his favour, bequeathing the properties that are the subject matter of the said suit. The ground was that the Will has not been executed in a proper manner and that the Will would have to be proved before the application could be considered. It was the submission that unless the Will satisfies the test of law, the application could not be considered.
Counsel for the Petitioners, again reiterated the objections which were filed and submitted that the manner in which the Will was executed is not beyond doubt. He contended that the Petitioners had been looking after the deceased Plaintiff and there is no reason for her to execute the Will in favour of the applicant. It was averred that being the son of the brother of the deceased Plaintiff, the Applicant is not a legal heir of her and cannot therefore come on record as a legal representative. It was argued that the impleading applicant has not sought any relief to prove or declare the Will to be valid, and in the absence thereof, the application could not have been considered by the Trial Court.
On the other hand, Counsel for the Respondent submitted that the deceased Plaintiff, during her lifetime, had filed an amendment application and by way of the said amendment, para 8(b) was inserted in the plaint, wherein the deceased had categorically admitted the execution of the said Will in favour of the applicant and since this statement is a part of the pleadings filed by the deceased, there would be no requirement for any further proof of the Will. It was contended that such proof would be required only if they were to say there is no categorical admission by the testator as regards the execution of the Will. It was submitted that a copy of the Will was produced along with the amendment application, forming part of the records of the suit, and therefore there was no requirement for any detailed enquiry so long as the testator had admitted the execution of the Will.
Reasoning By Court
The Court at the outset noted that the legal question for its consideration was "Whether a legatee under a Will is required to prove the Will, if the Testator has already admitted the execution of the Will in proceedings before the Court?"
On the Petitioner's contention that unless the said Will stands test of law and is so established and necessary relief in regard thereto is sought for the Will could not have been accepted by the trial Court and the applicant could not have been treated as a Legatee and be permitted to come on record, the court was of the view that the same would have been true, if there is a dispute between any person/s claiming under the Will and the right of any party who is affected by the Will.
The Court took note of the pleadings wherein the deceased categorically made a submission that she executed a Will in respect of the suit properties bequeathing the suit properties in favour of the applicant out of love and affection while she had sound dispossession of her own free will and wishes and observed that it is indicative of the fact that a categorical admission was made by the Testator for the execution of the Will.
The Court held that once a Testator admits to the execution of a Will in pleadings before the Court, there remains no need to prove its authenticity.
"Once a Testator has admitted the execution of a Will in a proceedings before the Court and pleadings are filed, I am of the considered opinion that there would be no requirement to further establish the authenticity of the Will in terms of Sections 67, 68 and 70 of the BSA, 2023. Since the Testator herself has categorically admitted the execution, veracity and the contents of the Will and has herself produced the Will in the said suit," the Court observed.
The Petition was accordingly dismissed.
Cause Title: Smt. Sarojini vs. Yallappa Kempanna Badiagawad (NC: 2025:KHC-D:352)
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