HOW CAN COURTS DETERMINE IF A WILL IS AUTHENTIC OR FRAUDULENT

INTRODUCTION 
Think of a Will as a person’s final word, a way to make sure their life’s work and the people they care about are looked after exactly as they intended. A Will is a last wish or a legal document which dictates how an individual’s Property, assets and guardianship should be managed and distributed after its death. It is more than just a legal file, it is a plan to keep the peace and honour a legacy. By choosing an Executor, you are basically picking a trusted captain to steer the ship and prevent family arguments before they even start.
The legal system looks at this through two lenses: the Court of Justice, which sticks to the strict rules on the page, and the Court of Conscience, which tries to find the deeper truth behind the document. This is why we have Probate. It is a truth test designed to catch anyone trying to use pressure or trickery. Ultimately, it is about making sure that your final wishes are truly yours, protecting your voice even when you are no longer there to speak for yourself.

THE DOCTRINE OF SUSPICIOUS CIRCUMSTANCES 
When a situation, activity, or facts surrounding an event appears to be unnatural, doubtful or creates distrust, they are called as Suspicious Circumstances.
The landmark case H. Venkatachala Iyengar v. B. N. Thimmajamma (AIR 1959 SC 443) is an underlying judgement of the Supreme Court which set the legal standards for proving the will. The key facts of the case revolve around the suspicious execution of the will made by an elderly, physically weak woman which was favoured to the person drafted it. The Supreme Court took a firm position that proving a will is not similar to proving a technical conformity. As the Testator is not alive to verify the document, the court must satisfy its ‘Judicial Conscience’. The evidence must fully convince the Judge regarding the validity of the will. The court clarified that the Burden of Proof will be on the person propounding the will.

THE STATUTORY FRAMEWORK
Section 63 of the Indian Succession Act, 1925 outlines the rules regarding the execution of the Will. It states that every testator except those who are soldiers in actual warfare, or an airman or a mariner at sea shall adhere to the rules defined under this section : 

1. The testator shall make a signature or affix his mark on the will, or it shall be signed by some other person in his presence.
2. The signature or the mark must be such that it must appear to be intended to give effect to the writing of the will.
3. The will shall be attested by two or more witnesses who must have seen or acknowledged the signature or the mark of the Testator.
Section 68 of the Indian Evidence Act, 1872 ( now Section 66 of the Bhartiya Sakshya Adhiniyam, 2023 ) states that if an attested document is to be used as an evidence then at least one of the attesting witness shall be called upon to prove the execution.
Section 71 of the Indian Evidence Act, 1862 ( now Section 70 of the Bhartiya Sakshya Adhiniyam, 2023 ) states that if the attesting witness fails to remember or recollect the execution, then the court may use some other evidence such as handwriting expert etc.
Section 463 of IPC defines forgery as making false documents or electronic records while IPC Section 464 making a false document as creating, altering, or signing a document dishonestly, without authority. ( Section 336 and Section 335 of the Bharatiya Nyaya Sanhita, 2023, respectively ).

THE ROLE OF FORENSIC SCIENCES 
Forensics in will dispute primarily involves the forensic accounting to investigate forensic irregularities and Questioned Document Examination ( QDE ) to verify the authenticity of the document.

Key Forensic disciplines in Will disputes : 

Forensic Accounting – This involves investigating and analyzing financial information to detect potential fraud and provide expert testimony to the court.
Questioned Document Examination – This involves analyzing the authenticity of the documents such as will using techniques like handwriting comparison, analysis of ink and paper, detection of alteration.
Forensic Psychiatry – This is used to determine whether the testator had the mental capacity or was he under an undue influence while signing the will.

Key techniques used in Will disputes : 

Examination of several characteristics of handwriting such as letter formation, spacing and slant.
Comparison of questioned documents with known samples of handwriting.
Use of advanced technology to analyze various factors such as ink, paper used and other document features.

RED FLAGS IN THE WITNESS TESTIMONY
The Indian Courts look for certain Red Flags during the testimony of the attesting witness which may indicate that the document is forged or made with fraudulent means.

If a witness say that they signed before the testator or they didn’t see the testator signing the document, the will is legally invalid.
If there is distinction in the layout of room, who else was present, or the ink used to sign the document often suggest fabricated stories.
If the witness admits in front of the court that a major beneficiary was present in the room, the court may assume it as a case of undue influence or forgery.
If the witness claims that the testator was perfectly fine, but the medical records of that time shows that the testator was hospitalized, in such a case the entire testimony is compromised.
Physical features of the document such as the large gaps between the last paragraph and signature, cramped signature or the signature found only on one last page of the document suggests discrepancies.

CRIMINAL CONSEQUENCES OF FORGERY OF WILL 

Section 467 of IPC ( now Section 338 of BNS, 2023 ) defines forgery as a serious criminal offence which is punishable under this section with life imprisonment or up to 10 years along with fines.
These are non-bailable, non-cognizable offences and triable by Judicial Magistrate First Class often involving charges of fraud and forgery.
Even possessing a forged will with the intent to use it as genuine is a punishable offence.
The affected parties can initiate criminal complaints that can lead to police investigations, FSL (Forensic Science Laboratory) reports on signatures, and FIRs.

PRACTICAL TIPS FOR PREVENTING WILL CONTESTS 

The execution of the will shall be video recorded.
Choosing an independent witness such as a family doctor or a lawyer.
Adding a clause of ‘No consent’ or a detailed explanatory note for excluding heirs.

CONCLUSION 
The laws that the Indian courts exercises may be strict but they are to make sure that the last wishes of an individual are honored and respected, they should not be robbed by the malicious intent of others. It is also impressive to see how the technological advancements plays a very important role in investigating whether the document is genuine or forged. The court ensures that the will is not a mere piece of paper but a true reflection of their final intent.