The Supreme Court held that leading questions are permissible in cross-examinations and that answers elicited in response do not, for that reason alone, lose probative value. The Court further noted that omissions in examination-in-chief can be fixed at the time of cross-examination.
In 1998, the appellant executed a will bequeathing his properties to eight of his nine children, excluding his daughter, who had married outside the community. In 2011, the daughter filed a suit seeking partition of the property. The trial court ruled in her favour, noting that the testimony of the sole surviving attesting witness did not satisfy the requirement for valid execution of the will, owing to the material omission of certain facts during examination-in-chief. The verdict was upheld by the High Court, noting that answers elicited through leading questions in cross-examination could not cure omissions in examination-in-chief.
The Supreme Court held that the probative value of answers given in cross-examination cannot be denied merely because the questions were leading. The Court further noted that the standard of proof required for a will that excludes one legal heir is less stringent than that applicable to a will that divests all legal heirs.
K.S. Dinachandran v Shyla Joseph
17 December 2025
Citations: 2025 INSC 1449 | 2025 SCO.LR 12(4)[16]
Case Comment
Bench: Justices Ahsanuddin Amanullah and K.V. Chandran
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Keywords/phrases: Will–Excluding one out of nine children–Suit for partition of property–Disposition by attesting witness–Requisites of a valid will not satisfied–Verdict upheld by High Court- Challenge to Supreme Court–Probative value of leading questions undeniable–Leave granted Read the Judgement here. https://www.scobserver.in/supreme-court-observer-law-reports-scolr/k-s-dinachandran-v-shyla-joseph-leading-questions-in-cross-examination/