EXCLUSION OF NATURAL HEIRS IN A WILL NOT RAISE SUSPICION, EXCLUDING DAUGHTERS FROM INHERITANCE – P&H HC

In a significant ruling, the Punjab and Haryana High Court, presided by Mrs. Alka Sarin, J., has dismissed an appeal while affirming the validity of a will that excludes daughters from inheritance. The judgment, delivered on 31^st May 2022, emphasizes that the exclusion of natural heirs in a will does not raise suspicion, citing the precedent set in the case of Ramabai Padamakar Patil (D) through LRs. V. Rukminibai Vishnu Vekhande.

In her judgment, Mrs. Alka Sarin, J., stated, “Merely because the daughters of the Testator have been left out from the Will is not sufficient ground to discard it.” The court’s reference to the aforementioned precedent establishes the principle that the exclusion of natural heirs in a will is not inherently suspicious.

The dispute centered around the estate left behind by Sat Narayan, with the plaintiffs asserting that the properties in question were ancestral and seeking a declaration of their rights. Conversely, the defendant presented a will executed by Sat Narayan, which excluded the daughters from inheritance.

By upholding the validity of the will, the High Court has underscored the importance of proving the ancestral nature of properties in such disputes. This ruling serves as a significant precedent for future cases involving wills and inheritance rights, emphasizing that the exclusion of natural heirs does not in itself cast doubt on the validity of a will.

The Punjab and Haryana High Court’s decision clarifies the legal position, ensuring that the intentions of the testator are respected while settling disputes over ancestral property and inheritance rights.

Date of Decision: 31.05.2022.

Smt. Sunita Devi vs Smt. Shalu Devi and Ors.