Swarnalatha & Ors Vs Kalavathy & Ors
Forum-Supreme Court of India
Date- 30th March 2022

Sub-Dispute between Daughter and Daughter-in law -What can be the grounds for suspicion regarding execution of the Will when challenge is made by some of the legatees regarding the Will of Father/mother ( Father-in-law/mother-in-law for daughter-in-law)

An interesting question arose in this case when a unregistered Will of mother and registered will of father in a family consisting of Father, mother, two sons and daughter, was subject matter of suspicion by the daughter and one son when the both the sons were given share in the both the Will leaving the daughter empty handed.

Upon death of one of the son, to whom share was given in the estate, the probate was applied by the widow of this son and at this point of time, the daughter challenged that the will was not genuine and had been made on the blank paper already signed. In support of this suspicion, several instances like i) even though mother was suffering from several ailments, the same was not mentioned in her will, ii) there was a contradiction regarding the time at which the will was written by two attesting witnesses iii) the failure of father to let the daughter be present during the execution of both the will, iv)the will of mother which ran into 6 pages , the signature was found to be exactly at the same location in page no 4 and 6 and other circumstances. The Supreme Court however relying on the precedent regarding suspicious circumstances surrounding the execution of will in the form of decision of the apex court in the case of Kavita Kanwar Vs Pamela Mehta & Ors to be limited to those where either the signature of the testator is disputed or the mental capacity of the testator is questioned and held that 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. On these facts the appeal of widow was allowed by reversing the high court judgement.

This judgement will be helpful in keeping in mind the points one should take care while writing a will.

Ramesh Patodia
30-03-2022