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Authenticity Of Will Can’t Be Doubted Only Because It Was Executed In Favor Of Neighbor Says Supreme Court

Team SoOLEGAL 3 Jun 2019 2:00pm

Authenticity Of Will Can’t Be Doubted Only Because It Was Executed In Favor Of Neighbor Says Supreme Court

The authenticity of the Will cannot be doubted, just because the testator executed the Will in favor of the neighbor stated the Supreme Court while rejecting the plea of the widow of the deceased testator.

The Bombay High Court ordered that the law does not prohibit the testator to execute the will in favor of a person, who is not a member of the family.

In his Will, Vishwanath stated that Arun was looking after them and that there was no other person, who was taking care of them and that Arun would be the heir of the testator and his wife after their death. The Trial Court, declared the Will void and directed Arun to deliver back the possession of the property to her. The Appellate Court reversed such findings and dismissed the suit. The High Court confirmed with the Appellate Court judgment. The bench comprising Justice MR Shah and Justice AS Bopanna said:

At the outset, it is required to be noted that there are concurrent finding of fact recorded by the First Appellate Court as well as by the High Court on genuineness of the Will which was under challenge before the learned Trial Court. Merely because the testator executed the Will in favor of the neighbor, the genuineness of the Will cannot be doubted. We are in complete agreement with the view taken by the High Court.

The bench also directed Arun to pay Rs.7, 500 per month to the widow of the testator during her life time as maintenance, out of such income which he would derive out of such agricultural property.



Tagged: will   testator   executed   deceased   supremecourt  
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