Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Illegal Remand Without Production of Accused Is Not a Technical Lapse, But a Constitutional Breach: Andhra Pradesh High Court Grants Bail in Major NDPS Case Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal

Lack of Evidence to Conclude Mental Instability or Suspicious Circumstances: Upholds Will Validity: Supreme Court

07 May 2024 8:19 AM

By: Admin


In a significant legal development, the Supreme Court of India has upheld the validity of a contested Will in a recent judgment. The decision, delivered by Honorable Justices Abhay S. Oka and Sanjay Karol, centered on the compliance of statutory requirements and the examination of attesting witnesses.

The central issue revolved around the execution of a Will by the deceased, Bahadur Pradhan, who had married Meena Pradhan and later Kamla Pradhan. The court addressed the question of whether there was sufficient evidence to cast doubt on the Will's validity.

In their judgment, the Bench emphasized that "Lack of Evidence to Conclude Mental Instability or Suspicious Circumstances" played a pivotal role in their decision. They noted that the stringent requisites for proving a Will's validity were intended to rule out the possibility of any manipulation and that the Will had been executed out of the testator's free will, in a sound disposing state of mind.

Furthermore, the Bench cited various legal principles and precedents to support their decision, highlighting that the court must consider factors such as the awareness of the testator as to the content and consequences of the Will, as well as the absence of undue influence or  suspicious circumstances.

The judgment also addressed allegations of second marriage and bigamy, asserting that such claims were not relevant to the main issue of the Will's validity.

Supreme Court found that both the lower courts had correctly upheld the validity of the Will, as the relevant provisions had been complied with, and there was no evidence to suggest mental instability or suspicious circumstances. Consequently, the appeal was dismissed, and the consequential benefits were ordered to be disbursed in accordance with the law.

This judgment underscores the significance of evidence and compliance with statutory requirements in cases involving the validity of Wills, providing clarity on the standards of proof required to establish the authenticity of such documents.

Date of Decision: September 21, 2023

MEENA PRADHAN & ORS. vs KAMLA PRADHAN & ANR.      

Latest Legal News