P&H: Will: Mere exclusion of natural heirs from inheritance does not by itself, constitute a suspicious circumstance so as to invalidate a Will, provided that Will otherwise stands duly proved in accordance with law.

punjab-haryana
⚖️ Order Date: 29 May 2026
Headnotes

 

Will — Proof of - Will was a registered Will and its due execution and attestation stood proved through testimony of scribe and one attesting witness - Minor discrepancies in the evidence and non-examination of second attesting witness did not go to the root of matter....

Will — Suspicious circumstance — Exclusion of natural heirs from bequeath - Mere exclusion of natural heirs from inheritance does not by itself, constitute a suspicious circumstance so as to invalidate a Will, provided that Will otherwise stands duly proved in accordance with law. (Para 8)

Will — Exclusion of wife from testamentary document — Complete omission of wife from Will without any explanation and without any provision for her maintenance or sustenance constituted a material suspicious circumstance requiring careful scrutiny - Propounder failed to dispel it by cogent and convincing evidence - Trial...

Will — Execution of Will in favour of son to the exclusion of wife and daughters — Surrounding circumstances including conduct of parties and evidence that son/propounder of Will was not present at the hospital or at the time of deceased’s death, assumed significance while evaluating genuineness of Will...

 


Facts of the Case

P&H: Will: Mere exclusion of natural heirs from inheritance does not by itself, constitute a suspicious circumstance so as to invalidate a Will, provided that Will otherwise stands duly proved in accordance with law.

 

High Court has set aside a first appellate court decision that had upheld a Will in favour of a son, holding that the document raised serious suspicion because it completely omitted any reference to testator’s wife.

The dispute concerned the estate of testator. After his death, his wife and daughters claimed inheritance, alleging that his son had secured mutation in his favour on the basis of a forged Will. They said the Will was the result of fraud and undue influence and that the widow was dependent on the deceased.

Son defended the Will, saying it was a registered document...

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