Incorporation of papers by reference

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Anil Kak vs Kumari Sharada Raje

   Supreme Court of India 24 Apr 2008 Binding (SC) Reportable

   Court's Decision & Legal Precedent

   Where a Will refers to appendices containing essential details of testator's disposition and those appendices were not in existence at time of Will execution, were not signed by attesting witnesses, and were brought into existence at a later date, the appendices cannot be incorporated into the Will by reference under Section 64 of the Indian Succession Act. Such a Will is incomplete as it cannot be read or executed without the appendices, and therefore cannot be granted probate. This holds true even if formal compliance with signature requirements exists, when suspicious circumstances surround the execution suggesting executor's involvement in preparation and possession of the document, non-examination of one attesting witness, and conflict of interest. Mere compliance with statutory formalities under Section 63 of the Indian Succession Act and Section 68 of the Indian Evidence Act is insufficient where the court must satisfy its conscience regarding genuine execution of a testamentary document affecting property rights.

   On this section: Incorporation of papers by reference - document must be in existence at time of Will execution and clearly identified; Court held appendices could not be incorporated as they were not in existence at time of execution

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.