In a Will Unfair Disposition and Unjust Exclusion of legal Heir is a Suspicious Circumstance - SC

20-05-2020

It is observed by the Supreme court that it is a suspicious circumstance about the Will in question in a probate proceeding when there is an unfair disposition of property or an unjust exclusion of the legal heirs, especially the dependants.

In a case the circumstance that arose were –

  • The major beneficiary, played an active role in the execution of the Will in question and attempted to conceal this fact before the Court.
  • There had not been any plausible reason for non-inclusion of the only son and another daughter of the testatrix in the process of execution of the Will and for excluding them from the major part of the estate in question
  • There was no clarity about the construction supposed to be carried out by the major beneficiary.
  • The manner of writing and execution of the Will with technical and legal words was highly doubtful;
  • The attesting witnesses were unreliable and there were contradictions in the statements of the witnesses.

The court held that these circumstances taken into account by the Trial Court and the High Court, by itself, and standing alone cannot operate against the validity of the propounded Will.

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