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wife should start firs to give statement for evidence.
11-Jan-2026 (In Wills / Trusts Law)
if a woman in whose favour a will is executed by her brother only she can prove that will by her statement before the trial court but her husband cannot prove will on her behalf because his wife receives property through her brother vide will in which her husband has no right. Is this correct ?
The statement as framed is not entirely correct. A Will is required to be proved strictly in accordance with Section 63 of the Indian Succession Act, 1925 read with Section 68 of the Indian Evidence Act, 1872. The primary mode of proof is by examining at least one attesting witness to the Will. The beneficiary alone proving the Will merely by her statement is not sufficient, unless statutory requirements are satisfied.
The husband of the beneficiary, though he has no independent right or share in the property bequeathed to his wife through her brother’s Will, is not barred from supporting or assisting the proof of the Will if relevant facts are within his knowledge. However, he cannot claim any right, title, or interest in the property solely on the basis of marriage.
Thus, while the property devolves exclusively upon the wife as per the Will, proof of the Will depends on legal compliance, not merely on the beneficiary’s statement, and the husband’s lack of proprietary right does not automatically disqualify him from giving evidence on factual aspects.
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Adv. Ajay Mishra
Bhopal | 25+ Answers
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