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Mere disheritance of one or more legal heirs does not cast doubt on the veracity of execution of Wil

Raj Kumar Makkad ,
  21 December 2010       Share Bookmark

Court :
Delhi High Court
Brief :
Whether disheritance of one or more legal heirs cast doubt on the veracity of the execution of the Will
Citation :
Mahinder Pal Gupta and Anr. Vs. Narender Pal Mahajan and Ors. (Decided on 13.12.2010) MANU/DE/3416/2010

Held, the execution and attestation of the Will was in accordance with the provisions contained in Section 63(c) of the Indian Succession Act, 1925 and as well as the provisions contained under Sections 68 to 72 of the Evidence Act, 1972.There were reasons given by the deceased for excluding Appelant out of deriving any benefit from his estate and which was well founded. Mere disheritance of one or more legal heirs does not cast doubt on the veracity of the execution of the Will or in isolation cannot be taken as a suspicious circumstance.

Thus, when reasons are supplied, keeping one or all out of the purview of the benefits of the estate by a testator, it would not mean suspicious circumstances so as to hold that the execution of the Will itself be treated as doubtful.

 
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Published in Property Law
Views : 2285




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