AI Overview...
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Reasons for Exclusion of Son - Several sources highlight that the primary reason for excluding the son from the will was the testator's belief or suspicion regarding the paternity or relationship. For instance, in VASANT H. JAYAWANT BHASME, S/O JAYWANT BHASME VS SHANKARARAO BHIMRAO BHASME - Karnataka, it is argued that the testator's statements and circumstances make it highly improbable that the son ('J') is actually his biological child, thus justifying his exclusion. Similarly, in Pomi Bora VS Tulai Hazarika - Gauhati, the testator's deliberate exclusion is linked to the absence of a biological son and the presence of other heirs, with the court emphasizing that mere execution of the will and its genuineness cannot be challenged solely on suspicion of exclusion.
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Genuineness and Challengeability - Multiple sources (VASANT H. JAYAWANT BHASME, S/O JAYWANT BHASME VS SHANKARARAO BHIMRAO BHASME - Karnataka, PAWAN JOLLY VS STATE - Delhi, Pomi Bora VS Tulai Hazarika - Gauhati) state that the genuineness of the will is a separate issue from the reasons for exclusion. The court generally requires clear and satisfactory evidence to challenge the genuineness, and mere suspicion or circumstantial doubts are insufficient. In Mrityunjay Ghatak Alias Mirtunjay Ghatak VS Bibhuti Bhushan Sen Gupta - Patna, it is clarified that a will not executed freely or with a sound mind cannot be acted upon, but if the will is proven genuine, the reasons for exclusion, such as moral failings or adverse behavior, are accepted as valid grounds for excluding heirs.
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Presumption and Legal Position - The legal stance, as outlined in Prem Singh @ Prema, S/o. Sh. Sukhiya VS Satya Devi, D/o. Late Sh. Fithu @ Mahantu, W/o. Sh. Dumnu Ram - Himachal Pradesh, is that exclusion of natural heirs from a will does not automatically raise suspicion if the reasons are apparent from the will itself. Courts have held that the testator's intentions, especially when well-documented, are paramount, and exclusion based on reasons like moral conduct or personal relationships are generally upheld unless proven to be fraudulent or under undue influence.
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Cannot Challenge Genuineness - The consensus across several references (VASANT H. JAYAWANT BHASME, S/O JAYWANT BHASME VS SHANKARARAO BHIMRAO BHASME - Karnataka, Pomi Bora VS Tulai Hazarika - Gauhati, PAWAN JOLLY VS STATE - Delhi) is that once the will's genuineness is established through proper legal procedures, it cannot be challenged solely on the grounds of the reasons for exclusion. Suspicious circumstances alone do not suffice unless accompanied by evidence of fraud, coercion, or undue influence.
Analysis and Conclusion:
The main reasons for excluding the son from the will include doubts about his paternity, moral or behavioral grounds, and the testator's clear intention to favor other heirs such as grandchildren or relatives he loved more. Courts emphasize that the genuineness of the will, once established, shields the testator's reasons for exclusion from being challenged. The legal principle is that the reasons for exclusion are valid if they are expressly stated in the will and are not fraudulent or procured under undue influence. Therefore, the exclusion is upheld as valid, and challenges to the will's genuineness are generally unsuccessful when proper procedures are followed.
Search Results for "Reasons Mentioned in the will for the Exclusion of his Son from will Cannot Challege the Genuineness"
2017 0 Supreme(Kar) 460 • India - Karnataka
SREENIVAS HARISH KUMAR
be ground to doubt genuineness of Will. ... his son - Impossible to believe that testator was father of 'J' - Presumption as to paternity, cannot be raised. ... NO. 39/1925] - Section 63 - Will - Genuineness - Will is of year 1963 - Defendant, children of 'J' foster son of testator, plea contending ... If really Jayavant was his son, Krishnaji would not have mentioned like this in a Will. So, for these reasons, it is highly impossible to believe that....
2021 0 Supreme(HP) 809 • India - Himachal Pradesh
SANDEEP SHARMA
of natural heirs from Will cannot be said to be suspicious circumstance; especially, when testator bequeathed his property in favour ... Will – Held, It is quite apparent from aforesaid exposition of law as laid down by Hon’ble Apex Court from time to time that mere exclusion ... The mind of the testator is clearly discernible and the reasons for exclusion of the sons is apparent from the Will itself. ... Kamala Menon Cocharan and Others, (2014)15 SCC 570, wherein it has been held that the exclusion of ....
1993 0 Supreme(P&H) 688 • India - Punjab and Haryana
R.K.NEHRU
OF DAUGHTER FROM ESTATE - GENUINENESS OF WILL - EVIDENCE - FINDINGS OF FACT - NO INFIRMITY. ... TESTATOR'S INTENTION - CIRCUMSTANCES CONSIDERED - LOVE AND AFFECTION FOR GRANDSONS - PROTECTION OF PROPERTY FROM BEING WASTED - EXCLUSION ... Gurbaksh Singh. - The testator's love and affection for his grandsons, defendants No. 2 and 3, who were living with him. - The exclusion ... For reasons stated above, this appeal fails and the same is accordingly dismissed. In the circumstances of the case, parties are left to bear their....
2010 0 Supreme(Gau) 792 • India - Gauhati
P.K.MUSAHARY
witnesses, namely, since deceased and - testator bequeathed his whole properties including landed properties to Appellant in total exclusion ... the suspicion with clear and satisfactory evidence, mere execution of Will by producing scribe or attesting witness or proving genuineness ... , bequeathed his properties in favour of present Appellant by executing a registered Will on deceased had daughters - He had no son ... For the foregoing discussions and reasons, I cannot persuade myself to offer differe....
1997 0 Supreme(Pat) 447 • India - Patna
P.K.DEB
Shanti Bhushan Sen Gupta to the exclusion of other legal heirs. ... WILL - PROBATE - GENUINENESS - SUSPICIOUS CIRCUMSTANCES - BURDEN OF PROOF - DEPRIVATION OF HEIR-APPARENT - REVOCATION - INTERPRETATION ... A Will that is not genuine or was not executed by the testator with a free Will and mind cannot be acted upon as the last desire ... heirs-apparent without reasons whatsoever. ... Diba Sen Gupta and in this will there is total exclusion of Shanti Bhushan Sen Gupta. ... His further submission is that ....
2025 Supreme(Online)(Ker) 13399 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
(Paras 28, 30) ... ... (C) Suspicious Circumstances - The court held that the mere exclusion ... ... ... Issues: The main issues were the genuineness of the Will, testamentary capacity of the testatrix, and the presence of suspicious ... The genuineness of a Will and the factum of its execution or registration cannot be determined solely on the evidence produced by the propounder. ... does not cast doubt on its genuineness. ... The litigation mentioned in the written statement for ....
2025 0 Supreme(Ker) 1493 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE SATHISH NINAN, MR.JUSTICE P. KRISHNA KUMAR, JJ
(Paras 28, 30) ... ... (C) Suspicious Circumstances - The court held that the mere exclusion ... ... ... Issues: The main issues were the genuineness of the Will, testamentary capacity of the testatrix, and the presence of suspicious ... The genuineness of a Will and the factum of its execution or registration cannot be determined solely on the evidence produced by the propounder. ... does not cast doubt on its genuineness. ... The litigation mentioned in the written statement for ....
2023 0 Supreme(Del) 4105 • India - Delhi
NEENA BANSAL KRISHNA
, later contested by the excluded son as being under undue influence and fraudulent. ... The first Will granted equal shares to all heirs, while the second Will excluded one son, citing moral failing and adverse behavior ... (supra) wherein it was observed that exclusion of one of the natural heirs from the bequest for the reasons given in the Will which are more than convincing to show that the exclusion of the daughter happened in a natural way, it cannot by itself be a ground to ho....
2004 0 Supreme(Kar) 297 • India - Karnataka
A.V.SRINIVASA REDDY, K.L.MANJUNATH, R.V.RAVEENDRAN
of land allotted to a minor son in calculating the father's land holding, and the genuineness of the unregistered partition. ... need to deviate from previous court views, the applicability of previous court decisions in light of Supreme Court decisions, the exclusion ... The court also emphasized the need to consider unregistered partitions and the requirement for factual basis in assessing their genuineness ... On the other hand, the Karnataka Act provides for exclusion of property allotted on partiti....
2012 0 Supreme(Del) 548 • India - Delhi
MANMOHAN SINGH
An advocate also proved execution of the Will - Reason of non-cordial relation with the son given the Will for divesting him of the ... 1925 - Section 276 - Application for grant of probate - Registered Will - Execution of the Will proved by the sister of objector (son ... In so far as the exclusion of close relatives and Class-I heirs of the testatrix is concerned, a Will in favour of husband or vice-versa to the exclusion of others, stands on a different footing as compared to a Will in favour of othe....
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