The Supreme Court has upheld a Will executed by a Karnataka-based chartered accountant in favor of his sister, ruling that excluding natural heirs from inheritance alone is not enough to invalidate a testament. The appeal by the wife and children of the deceased, who were excluded from the Will in favor of the testator’s sister, was dismissed by the court. The dispute centered around properties, including agricultural lands in Udupi district, Karnataka, bequeathed to the sister under a Will dated May 15, 1983, excluding the wife and children.
The Supreme Court clarified that excluding natural heirs from the property of the testator does not automatically raise suspicions to invalidate a Will. The judgment emphasized that the testator had already provided for his wife and children residing in Bombay, ensuring no injustice was done to them. Referring to legal principles, the court highlighted that the testimony of one attesting witness is sufficient to establish due execution of a Will under Indian laws.
The court rejected claims that the Will was forged and fabricated, stating that the exclusion of legal heirs does not inherently create suspicious circumstances. It noted that the delay in producing the Will did not cast doubt on its genuineness, as the beneficiary had sought mutation based on the Will in 1984. The Supreme Court reiterated that mutation in revenue records is for fiscal purposes and does not confer title, emphasizing that non-registration of a Will does not affect its validity.
Dealing with objections regarding technical defects in court procedures, the court held that substantial compliance and proper evidence appreciation are crucial. It also emphasized that affidavits are not considered evidence unless tested through cross-examination. Affirming the validity of the Will, the court concluded that it was executed voluntarily and with sound judgment, dismissing the appeal against the judgments upholding its validity.
