Lachhmi Narain Singh (D) Through LRs & Ors. Vs Sarjug Singh (Dead) Through LRs. & Ors
Civil Appeal No 5823 of 2011
Forum-Supreme Court
Date -17th August 2021
Sub-Whether challenge to the validity of documents in case of probate proceedings needs to be made at the Trial court itself or can be made at appellate stage also and what is the sanctity of thumb impression instead of physical signature by a literate person?

The Apex court in this case was dealing with a matter where the appellant had challenged the Judgement of the Patna High Court which had held that original will which was made by the testator in this case and which was later on alleged to have been cancelled by a registered cancellation deed was not validly cancelled as the testator was paralytic and could not have travelled to the Registrar’s office for cancellation.

The Apex Court while observing that even though photocopies of cancellation deed were produced at the Trial Court stage but no plea regarding original cancellation deed was made at that stage. Moreover, even though the cancellation deed had thump impression of the testator, the court held that The key characteristic of thumb impression is that every person has a unique thumb impression. Forgery of thumb impressions is nearly impossible.

Therefore, adverse conclusion should not be drawn for affixing thumb impression instead of signing documents of property transaction. Therefore, genuineness of the Cancellation deed cannot be doubted only due to the fact that same was not signed and Rajendra as a literate person, affixed his thumb impression. This is more so in this case since the testator’s thumb impression was proved to be genuine by the expert.

Thus, on these facts the Apex Court allowed the appeal by holding that the cancellation deed was genuine and the will in favour of respondent herein was cancelled.

This judgement will be helpful in dealing with the matters where thumb impression is made on the documents as well as the veracity of evidence at the trial court stage.

Ramesh Patodia
18-08-2021