A sound will needs a sound mind, says SC | india | Hindustan Times
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A sound will needs a sound mind, says SC

The Supreme Court has ruled that it is not enough for a will to bear its testator?s authentic signature. To make it legally valid, proof must be provided that the testator was in a sound mental state while making the will.

india Updated: Dec 27, 2006 02:19 IST

The Supreme Court has ruled that it is not enough for a will to bear its testator’s authentic signature. To make it legally valid, proof must be provided that the testator was in a sound mental state while making the will.

“The propounder is required to prove that testator has signed the will, and he had put his signature out of his own free will, having a sound disposition of mind," said a bench comprising justices S.B. Sinha and Markandey Katju.

The case in question involved the will of Umeshchandra Joshi, owner of Ramtirth Brahmi Hair Oil Company, who had seven sons and three daughters, but bequeathed all his property to his second son.