In Brief
A father executed a registered will in 1988 bequeathing his properties to eight of his nine children, excluding one daughter. After his death, the excluded daughter sued for partition of his estate in 2011. The Trial Court and High Court disbelieved the will and decreed partition. The Supreme Court reversed both judgments, holding that the attesting witness had adequately proved the will's execution and attestation under the Indian Succession Act and Evidence Act. The Court held that omissions in the witness's chief examination were cured by his affirmative answers to cross-examination questions. The Court reaffirmed that mere exclusion of one heir does not invalidate a duly executed will absent proof of fraud or coercion. The will was upheld and the partition suit dismissed, reinforcing testamentary freedom.
The lawyer headnote and full judgment text are available to registered users.