After Attesting Witnesses Were Not Examined, Karnataka HC Gives Niece Another Chance to Prove Her Uncle’s Will

Mallamma B. petitioned for probate of a Will dated 13 November 2025, executed by her unmarried uncle, Umapathi K.N., in her favour.

She examined herself and marked six documents, but did not examine either attesting witness.

The trial Court dismissed the petition for failure to prove the Will in accordance with law.

On appeal, she submitted that the omission resulted from her junior counsel’s unfamiliarity with probate matters and sought an opportunity to examine the attesting witnesses.

No respondent appeared in the probate proceeding despite publication.

The Court referred to Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872, as provisions governing proof of a Will and the requirement to prove its execution through an attesting witness.

The Court also stated that an application for letters of administration, if made, should be considered in accordance with law.

The trial Court dismissed the petition because no attesting witness had testified.

The High Court accepted that the Will could not be established without compliance with the applicable proof requirements, but considered it appropriate to give the appellant an opportunity to examine the attesting witnesses, if available, rather than leave the dismissal in place.

It noted the explanation that counsel appearing below was inexperienced in probate matters.

The Court expressed no view on the merits and left any application for letters of administration to be considered by the trial Court in accordance with law.

The matter was remanded for fresh consideration in accordance with law, with no opinion expressed on the merits.

The appellant was permitted to pursue an application for letters of administration if so advised; any such application is to be considered in accordance with law.