Reversing a Himachal Pradesh High Court verdict, the Bench on July 6 set aside the bequeathing of a property based on a 1974 will executed by an illiterate agriculturist testator who could just thumb mark a document.

The top court concluded that the will in question was disputed and the defendants failed to dispel legitimate doubts surrounding the will.

The trial court and the first appellate court discarded the will as there were several suspicious circumstances surrounding its execution. But the HC reversed the concurrent findings of the courts below and upheld the will. The HC held that when attestation of the will was duly proved by the attesting witness, its execution would stand proved and being a registered document, the will cannot be discarded.

While deciding an appeal filed by one Sardari Lal, the Supreme Court, however, didn't endorse the HC’s views on the issue.

Allowing the Sardari Lal’s appeal, the top court said: “The impugned judgment and order of the High Court is set aside. The decree passed by the trial court as affirmed by the first appellate court is affirmed.”