18-07-2025
Denial Of Inheritance To Natural Heir In Will Requires Closer Scrutiny: SC
The SC said, unlike other documents, when a will is propounded, its maker is no longer in the land of the living, which casts a solemn duty on the court
The Supreme Court said on Thursday that only when the propounder dispels the suspicious circumstances and satisfies the conscience of the court that the testator had duly executed the will out of his free volition without coercion or undue influence, would the will be accepted as a genuine one.
A bench of Justices Sanjay Karol and Joymalya Bagchi said, unlike other documents, when a will is propounded, its maker is no longer in the land of the living, which casts a solemn duty on the court to ascertain whether the will propounded had been duly proved.
'Onus lies on the propounder not only to prove due execution but dispel from the mind of the court, all suspicious circumstances which cast doubt on the free disposing mind of the testator," the bench said.
The court pointed out a will has to be proved like any other document subject to the requirements of Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872, that is examination of at least one of the attesting witnesses.
The court dismissed an appeal filed by Gurdial Singh through his legal representatives and affirmed the findings of the Punjab and Haryana High Court.
The High Court had set aside the concurrent findings of the Trial Court and the First Appellate Court, and declared Jagir Kaur, wife of Maya Singh, as the owner and in possession of the suit land.
The appellant was nephew of Maya Singh, who died in 1991. He claimed Maya Singh executed a will in 1991 bequeathing land, measuring 67 karnals and 4 marlas to him. The Trial Court decreed the suit and held him as the lawful owner of the land, finding the will as genuine. The First Appellate Court at Amritsar upheld the judgment and the decree passed in the appellant's suit.
The High Court, however, reversed the concurrent findings, holding that the suspicious circumstance namely, non-mention of first respondent, who was the wife of the testator Maya Singh and the reasons for her disinheritance in the will exposed absence of 'free disposing mind' of the testator.
Examining the appeal, the court held, a cumulative assessment of the attending circumstances including this unusual omission to mention the very existence of his wife in the will, gave rise to serious doubt that the will was executed as per the dictates of the appellant and is not the 'free will' of the testator.
The bench said deprivation of a natural heir, by itself, may not amount to a suspicious circumstance because the whole idea behind execution of the will is to interfere with the normal line of succession.
However, the court emphasised, the prudence requires reason for denying the benefit of inheritance to natural heirs and an absence of it, though not invalidating the will in all cases, shrouds the disposition with suspicion as it does not give inkling to the mind of the testator to enable the court to judge that the disposition was a voluntary act.
The bench pointed out in Ram Piari Vs Bhagwant & Ors (1993) this court held when suspicious circumstance exists, courts should not be swayed by due execution of the will alone.
When unusual features appear in a will or unnatural circumstances surround its execution, the court must undertake a close scrutiny and make an overall assessment of the unusual circumstances before accepting the will, the bench added.
In the case, the bench said, 'We have no hesitation to hold that non-mention of first respondent or the reasons for her disinheritance in the will, is an eloquent reminder that the free disposition of the testator was vitiated by the undue influence of the appellant."
Court noted Jagir Kaur unequivocally stated that she was living with her husband till his death and the specious rationale given that she may have been disinherited as Maya Singh's monies had been settled in her favour and she was entitled to pension is hardly convincing.
It pointed out, no evidence was led to show whether the quantum of money said to be settled in favour of 1st respondent was reasonable and would satisfy the conscience of a man of ordinary prudence with regard to her complete expungement in the will.
The bench further found the appellant's case was not only to propound the will in his favour but even to deny the very status of first respondent as Maya Singh's wife.
'When one reads the contents of the will, appellant's stand is stark and palpable in its tenor and purport. The will is a cryptic one where Maya Singh bequests his properties to his nephew i.e. the appellant, as the latter was taking care of him. However, the will is completely silent with regard to the existence of his own wife and natural heir, i.e. the first respondent, or the reason for her disinheritance," the bench said.
Court further noted the evidence on record showed first respondent was residing with Maya Singh till the latter's death. Nothing had come on record to show the relation between the couple was bitter. As per the appellant, she was nominated by Maya Singh and was entitled to receive his pension which demonstrates the testator's conduct in accepting first respondent as his lawfully wedded wife.
Court said, non-mention of the status of wife or the reason for her disinheritance in the will ought not to be examined in isolation but in the light of all attending circumstances of the case.
Further, it held, the Trial Court erroneously observed that non-performance of last rites of Maya Singh by first respondent hinted at sour relations between the couple.
'Ordinarily, in a Hindu/Sikh family, last rites are performed by male sapinda relations. Given this practice, first respondent not performing last rites could not be treated as a contra indicator of indifferent relationship with her husband during the latter's lifetime. In this backdrop, it cannot be said Maya Singh had during his lifetime, denied his marriage with first respondent or admitted that their relation was strained, so as to prompt him to erase her very existence in the will. Such erasure of marital status is the tell-tale insignia of the propounder and not the testator himself," the bench said.
About the Author
Sanya Talwar
Sanya Talwar, Editor at Lawbeat, has been heading the organisation since its inception. After practising in courts for over four years, she discovered her affinity for legal journalism. She has worked More
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First Published:
July 18, 2025, 19:34 IST
News india Denial Of Inheritance To Natural Heir In Will Requires Closer Scrutiny: SC
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