Will Invalid Due to Suspicious Exclusion of Natural Heirs — (2026) INSC 521
The testator excluded his wife and five children from the Will without any valid reason. This exclusion of natural heirs constitutes a suspicious circumstance that vitiates the Will.
Parvathi Nairthi v. Laxmi Nairthy — (2026) INSC 521Core Argument
The testator excluded his wife and five children from the Will without any valid reason. This exclusion of natural heirs constitutes a suspicious circumstance that vitiates the Will. The propounder failed to remove legitimate suspicions. The Will was not proved by an independent attesting witness, and there was unexplained delay in producing the Will.
Key Precedents
- Ram Piari v. Bhagwant (1990) 3 SCC 364 — Held that prudence requires a reason for denying inheritance to natural heirs; absence of reason shrouds the disposition with suspicion.
- Shivakumar v. Sharanabasappa (2021) 11 SCC 277 — Held that suspicious circumstances must be real, germane and valid; the exclusion of natural heirs without reason is a real suspicious circumstance.
- Meena Pradhan v. Kamla Pradhan 2023 SCC OnLine SC 1198 — Held that stringent requisites for proof of Will are statutorily enjoined to rule out manipulation.
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