Will
Grant of probate by District Court in respect of two last Wills and testaments, one by the father and another by the mother, set aside by High Court on the ground that there are suspicious circumstances surrounding the execution of both the Wills—Appeal—Once it is found that the father not only attested the mother’s Will and once it is found that in his own Will, which is a registered Will, the father had made a mention about the mother’s Will, all the suspicious circumstances sought to be projected would automatically fall to the ground—Exclusion of one of natural heirs from the bequest, cannot by itself be a ground to hold that there are suspicion circumstances—Reasons given in Will are more than convincing to show that exclusion of the daughter has happened in a very natural way—Under both the Wills, the properties have been equally distributed between the two sons—In the matter of appreciating genuineness of execution of a Will, there is no place for the court to see whether distribution made by the testator was fair and equitable to all of his children—Court does not apply Article 14 of the Constitution to dispositions under a Will—Impugned judgment of the High Court is set aside and that of District Court granting probate of both the Wills is restored—Appeal allowed.
[Paras 20, 21, 24 & 25]
Grant of probate by District Court in respect of two last Wills and testaments, one by the father and another by the mother, set aside by High Court on the ground that there are suspicious circumstances surrounding the execution of both the Wills—Appeal—High Court held the delay on the part of appellants in seeking probate of Wills to be a suspicious circumstance—Occasion for appellants to seek probate of the Will arose only when respondents filed suit for partition and there was no delay on the part of appellants in seeking probate—Impugned judgment of the High Court is set aside and that of District Court granting probate of both the Wills is restored—Appeal allowed. [Indian Succession Act, 1925, Section 384]
[Paras 20 to 26]