This case provides the importance for introducing a suspicion approach, which urges courts to assess all circumstances surrounding a will’s execution instead of just individual factors. It states that removing a legal spouse or heir from a will without giving any proper justification can lead to suspiciousness and can disturbs the validity of the will.
The facts involve an agricultural land of the deceased who is the original owner of the land which is the subject matter of the dispute over land inheritance between the appellant and the respondent. Here the will is in a place of suspicion because of not mentioning the immediate spouse of the deceased and the reason for her disinheritance and favoring his nephew for inheritance of the property without mentioning his wife.
The Hon’ble Supreme Court of India upholding the High Court’s decision held that the will is invalid due to the presence of suspicious subject matter attached to the will due to the omission of the spouse’s name from the will without having any transparency and justification from their side which raises doubts about the validity and free will of the testator. It showcases the importance of considering the natural heirs in the execution of a will and makes it unreasonable to omit them without any valid reasons and creates a strong wall for restraining fraudulent or invalid will.
This judgement indicates the importance of creating a free and lawful will while highlighting the importance of considering natural heirs in the execution of the will and restricts omitting any natural heirs from the will without any explanation.
Judgement: https://indiankanoon.org/doc/99930182/