Emerging startup of 2023 by Headstart
Emerging startup of 2023 by Headstart
Appellants: Jagdish Chand Sharma
Respondent: Narain Singh Saini & Ors.
Hon’ble Justice Kurian Joseph and Amitava Roy, JJ
The appellant filed an application under Section 276 of the Indian Succession Act, 1925, seeking grant of letter of administration (authorization of a person(s) to administer the estate), and stated that the Will had been annexed by Mr. Nathu Singh, as the sole and absolute owner. However, Mr. Jaswant Singh, the testator’s son, objected, arguing that the appellant fraudulently got the Will signed in the process of getting documents executed as per his responsibilities as a rent collector and power of attorney. The respondents also claimed that the property was ancestral joint Hindu family property, meaning the testator (the person who made the Will) had no right to bequeath (disposition of assets through Will) it as such.
The trial court ruled in favour of the appellant, stating that he could successfully prove the Will. However, the Delhi High Court later overturned this decision.
The Supreme Court confirmed the decision of the High Court and dismissed the appeal on the grounds that the bequest (disposition of assets through a Will) on its face is unnatural, unfair, and improbable casting doubts on the testator’s free conscious, objective, and perceptive state of mind at the time of making such Will. It held that the testator would have preferred to bequeath the property to his wife, children, and grandchildren who were alive and were in a warm affectionate and cordial relationship, and the materials on record were not enough to prove otherwise.
The Court relied on Section 63 (c) of the Indian Succession Act and held that the relevant facts and execution and attestation of the Will as provided by the witnesses are thoroughly inadequate as the prescriptions of Section 63 (c).
It further stated that a Will as an instrument of testamentary disposition (inheritance through Will) of property being a legally acknowledged mode of bequeathing a testator’s acquisitions, carries with itself an overwhelming element of sanctity, and to rule out the possibility of its manipulation, strict requirements of proof have been statutorily enjoined.
This case highlights the importance of ensuring that a Will is natural, fair, and properly executed in adherence with the statutory requirements. If a bequest seems unnatural or improbable, courts is authorised to question the testator’s free will and mental state which has been commendably done in this case. It also reinforces that witnesses must provide strong and clear evidence under Section 63(c) of the Indian Succession Act to prove the Will’s validity. Most importantly, the judgment serves as a reminder that strict legal safeguards exist to prevent the sanctity of Wills.
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