Lawstreet Journal

Article 14 Not Applicable to A Will; ‘Genuineness of a Will’, Not Based on Whether Distribution Was Fair and Equitable: The Supreme Court

Lawstreet Journal 1 Apr 2022 12:11am

Image courtesy: Lawstreet Journal Judiciary Article 14 Not Applicable to A Will; ‘Genuineness of a Will’, Not Based on Whether Distribution Was Fair and Equitable: The Supreme Court

It was observed by the Supreme Court that the exclusion of one of the natural heirs in a Will, cannot be held as a ground suggesting suspicious circumstances.

The Bench consisting of Justice Hemant Gupta and Justice V. Ramasubramanian remarked, “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. The Court does not apply Article 14 to dispositions under a will.

A probate was granted to the appellant by the District Court in respect of two previously made Wills and Testaments, one by the father and the other by the mother, which was set aside by the Madras High Court. 

According to the Madras High Court one of the suspicious circumstances was the total exclusion of the daughter from the bequest and the failure to mention in the Wills, the dates on which the daughter was paid certain amounts.

When it was not even the case of the respondents that the testators were not in a sound and disposing state of mind, the High Court found fault with the appellants for not disclosing the nature of the ailments suffered by them. The exclusion of one of the natural heirs from the bequest, cannot by itself be a ground to hold that there are suspicious circumstances. The reasons given in Exhibit P­1 are more than convincing to show that the exclusion of… Continue Reading...


Tagged: Constitution of India   Supreme Court of India  
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