In Brief
Smt. Kavita Kanwar sought probate for a Will dated 20 May 2003, allegedly executed by her mother Smt. Amarjeet Mamik, bequeathing primarily to her. The Trial Court and High Court rejected the probate petition on finding multiple suspicious circumstances: the appellant (major beneficiary) played an active role in the Will's execution while concealing this fact; the other two children were unexplainably excluded; the disposition was unnatural and unfair; the manner of writing was doubtful with legal jargon; attesting witnesses contradicted the appellant; and the provisions were inexecutable. The Supreme Court upheld the dismissal, holding that these cumulative suspicious circumstances remained unexplained and the appellant failed to satisfy the Court's conscience that the testatrix understood and freely executed the Will.
The lawyer headnote and full judgment text are available to registered users.