The Proof of Valid Wills II

A circumstance is ‘suspicious’ when it is not normal. The suspicious features must be ‘real, germane and valid’ and not merely a ‘fantasy of doubting mind’ [Shivakumar, Civil Appeal No. 6076 of 2009].

An individual factor may not be decisive. If after taking all factors together: conscience of Court is not satisfied, Will in question truly represents last wish, Will cannot get approval of Court. We are satisfied, Will in question is besieged by multiple suspicious circumstances, which have not been cleared; rather every suspicious circumstance is more baffling than other.

For example, manner of writing and execution of Will with technical and legal words is highly doubtful. The handwritten portions carry such formal and legal expressions like ‘testament’ and ‘set and subscribed my hand’, which are tools of language employed by a person who is conversant with legal format and requirements for execution of such a document. The printed portion also carries expressions like ‘codicil’, ‘give, devise and bequeath’ which are not expressions of a layperson.

Hon’ble Justice Dinesh Maheshwari, Kavita Kanwar v. Mrs. Pamela Mehta, [Civil Appeal No. 3688 of 2017].

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Also see, Swarnalatha v. Kalavathy, [Civl Appeal No. 1565 of 2022] decided on 30/03/2022,Will