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K. S. Dinachandran v. Shyla Joseph 2025 INSC 1451 -Will - Evidence

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Will - We cannot put the testator in our shoes, and we should step into his. We cannot substitute our opinions in place of that of the testator; his desire prompted by his own justifications. As is trite, we would only ensure that, sitting in the arm-chair of the testator the rule of prudence is satisfied for the exclusion; which on the facts of this case amply satisfies the judicial conscience. (Para 28) When the examination of the witness twenty-four years later (after execution of Will), it would be puerile to think that the witness would have remembered the visits made to the testator’s house, even for execution of a will, with mathematical precision. (Para 27)

Evidence - Leading questions are permitted in cross-examinations and the response elicited cannot be said to have lesser probative value. (Para 29)

Case Info


Case Details

  • Case name: K. S. Dinachandran v. Shyla Joseph & Ors.
  • Neutral citation: 2025 INSC 1451
  • Coram: Ahsanuddin Amanullah, J.; K. Vinod Chandran, J.
  • Judgment date: December 17, 2025.

Caselaws and Citations

  • H. Venkatachala Iyengar v. B.N. Thimmajamma, 1959 Supp (1) SCR 426.
  • Rani Purnima Debi v. Kumar Khagendra Narayan Deb, (1962) 3 SCR 195.
  • Mansinghrao Yeshwantrao Patil v. Ramchandra Govindrao Patil, (1954) 1 SCC 688.
  • Janaki Narayan Bhoir v. Narayan Namdeo Kadam, (2003) 2 SCC 91.
  • Gopal Swaroop v. Krishna Murari Mangal, (2010) 14 SCC 266.
  • Meena Pradhan v. Kamla Pradhan, (2023) 9 SCC 734.
  • Raj Kumari v. Surinder Pal Sharma, (2021) 14 SCC 500.
  • H. H. Maharaja Bhanu Prakash Singh v. Tika Yogendra Chandra, 1989 Supp (1) SCC 16.
  • Vishnu Ramkrishna Wani v. Nathu Vittal Wani, AIR 1949 Bombay 266.
  • Harmes v. Hinkson, (1946) 50 CWN 895.

Statutes/Laws Referred

  • Indian Succession Act, 1925: Section 63(c).
  • Indian Evidence Act, 1872: Sections 68 and 71.
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