Will Validly Proved, Exclusion Not Suspicious — (2026) INSC 521
The Will was duly executed and proved through the testimony of an attesting witness.
Parvathi Nairthi v. Laxmi Nairthy — (2026) INSC 521Core Argument
The Will was duly executed and proved through the testimony of an attesting witness. The exclusion of natural heirs is not a suspicious circumstance because the Will itself states that the testator had already provided for them. The concurrent findings of three courts should not be disturbed.
Key Precedents
- Rabindra Nath Mukherjee v. Panchanan Banerjee (1995) 4 SCC 459 — Held that mere deprivation of natural heirs is not by itself a suspicious circumstance because the whole idea of a Will is to interfere with normal succession.
- Shivakumar v. Sharanabasappa (2021) 11 SCC 277 — Held that suspicious circumstances must be real, germane and valid; the exclusion of natural heirs without more does not qualify.
- G. Amalorpavam v. R. C. Diocese of Madurai (2006) 3 SCC 224 — Held that non-compliance with Order XLI Rule 31 CPC does not vitiate judgment if there is substantial compliance.
- Ayaaubkhan Noorkhan Pathan v. State of Maharashtra (2013) 4 SCC 465 — Held that an affidavit is not evidence within Section 3 of the Evidence Act unless ordered by the court under Order XIX CPC.
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BENCH QUESTION
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