Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Will |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Will – Suspicious circumstances surrounding execution of the Will – Plea of – Tenability – Two separate Wills left behind by a married couple (testators) – Both spouses executed a Will each – Appellants are the successors-in-interest of the pre-deceased elder / first son of the testators – Respondent no.1 and.2 are respectively the daughter and other / second son of the testators – District Court rejected allegations of respondents about suspicious circumstances surrounding the Wills and granted probate of both the Wills in favour of the appellants – High Court reversed judgment of District Probate Court citing various suspicious circumstances including that there was total exclusion of Respondent no.1-daughter from the bequests – On appeal, held: The exclusion of one of the natural heirs from the bequest, cannot by itself be a ground to hold that there are suspicious circumstances – In the matter of appreciating the genuineness of execution of a Will, there is no place for the Court to see whether the distribution made by the testator was fair and equitable to all of his children – Court does not apply Art. 14 of the Constitution to dispositions under a Will – While reversing the judgment of District Probate Court, the High Court recorded certain suspicious circumstances, but each such circumstance, neither individually nor collectively creates a suspicion – High Court completely overlooked all the above aspects and proceeded to invent reasons to justify a conclusion that seems to have preceded the line of reasoning – Judgment of the District Court, granting probate of both the Wills, restored – Constitution of India, 1950 – Art. 14. |
Judge | Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2022 INSC 372 |
Petitioner | Swarnalatha & Ors. |
Respondent | Kalavathy & Ors. |
SCR | [2022] 1 S.C.R. 847 |
Judgement Date | 2022-03-30 |
Case Number | 1565 |
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