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Supreme Court of India 2022-03-30 allowed

Swarnalatha & Ors vs Kalavathy & Ors

Bench: 2 — V. Ramasubramanian

In Brief

A couple executed two Wills—one by the mother (1995) and one by the father (1998)—each excluding their daughter but providing for their two sons. When the daughter and one son contested the Wills' validity by challenging probate, the High Court set aside the probate on grounds of suspicious circumstances. The Supreme Court reversed, holding that absent genuine dispute over the testator's signature or mental capacity, minor contradictions and circumstantial details do not create suspicion. The father's attestation of the mother's Will and his reference to it in his own Will corroborated authenticity. Delay in probate was explained by family circumstances. The Court affirmed that testators have freedom to distribute property unequally and exclude natural heirs when reasons are stated.

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Succession Law Probate and Administration Will Execution Suspicious Circumstances Testamentary Capacity Evidence

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