Unfair Disposition Of Property Or The Unjust Exclusion Of Legal Heirs Will be Considered As A Suspicious Circumstance - Synopsis
Parul Madaan 20 May 2020

Unfair Disposition Of Property Or The Unjust Exclusion Of Legal Heirs Will be  Considered As A Suspicious Circumstance

In the case Kavita Kanwar vs. Pamela Mehta, the Trial Court and the High Court observed that the following were the unexplained suspicious circumstances relating to the Will in the question in a probate proceeding initiated by a woman who claimed that her mother had executed it:

1.    1. That she, the major beneficiary, played an active role in the execution of the Will in question and tried to conceal this fact before the Court;

2.  2. That there was no valid explanation for non-inclusion of the only son and other daughters of the testatrix in the process of execution of the Will and for excluding them from the major part of the estate in question;

3.   3.    That there was no clarity on the construction which she was supposed to carry out;

4.  4.  That the manner of writing and execution of the Will with technical and legal words was highly doubtful;

5.  5. That the attesting witnesses were unreliable and there were inconsistencies in the witness statements.

The Apex Court observed that, these circumstances taken into account by the Trial Court and the High Court, by itself and standing alone, cannot operate against the validity of the propounded Will. The court added that there is an unexplained unequal distribution of the property which is confounded by two other factors: The active role played by the appellant in the process; and second, the virtual exclusion of the other children of the testatrix in the process and the entire Will is in electronic print, and therefore it does not directly answer to the description of a "holograph" will. The court then concluded that the will in question is surrounded by various suspicious circumstances which are material in nature and which have gone unexplained.


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