AI Overview...
- Registered Will Executed Only to One Son - Suspicious Circumstances
Several cases highlight suspicion when a Will is executed solely in favor of one son, especially when other natural heirs are excluded without clear explanation. Courts often scrutinize such Wills under suspicious circumstances, particularly if the Will appears unnatural or if there are discrepancies in execution or attestation. For example, in RAMKUMAR TIWARI VS BOARD OF REVENUE MADHYA PRADESH GWALIOR MADHYA PRADESH - Chhattisgarh, the Will's registration and the recording of the son's name in revenue records raise questions, but the court considers additional factors before deeming it suspicious. Similarly, in Bhupinder Singh VS Sarabjit Singh - Punjab and Haryana, a Will with suspicious circumstances was challenged, but evidence like proper registration and signatures helped negate suspicion.
Pulak Mukherjee VS Santosh Mukherjee - Calcutta, Buddhi Sagar VS Deputy Director of Consolidation, Bahraich - Allahabad, and Bakshi Ram VS Premi Devi - Himachal Pradesh discuss cases where the Will was registered and executed by the testator, with courts examining whether undue influence or unnatural exclusion of heirs was involved. The presence of suspicious circumstances, such as unnatural exclusions or lack of cogent evidence, often leads courts to scrutinize the validity of the Will. - Main Points and Insights
- Registration of Will does not automatically negate suspicion; courts assess surrounding circumstances.
- Exclusion of a natural heir (e.g., one son) can be suspicious if not justified by natural circumstances or evidence of undue influence.
- Evidence like signatures, photographs, and attestation supports validity, but suspicious circumstances can still cast doubt.
- Courts differentiate between genuine testamentary dispositions and those executed under undue influence or suspicious conditions.
- Cases such as Harsimran Kaur VS Sukhchain Singh - Punjab and Haryana and Surjit Kaur VS Harchand Singh - Punjab and Haryana emphasize that mere registration is insufficient; the context and surrounding facts determine suspicion.
- Analysis and Conclusion
The consistent theme across these cases is that a registered Will, especially when executed in favor of only one son or excluding others, warrants careful scrutiny. Courts evaluate whether suspicious circumstances—such as unnatural exclusions, lack of independent attestation, or circumstances indicating undue influence—are present. The presence of suspicious circumstances does not automatically invalidate a Will but prompts detailed investigation. When genuine, properly executed, and supported by credible evidence, a Will is upheld; otherwise, it may be set aside.
Overall, the suspicion surrounding a registered Will executed only to one son depends on the context, evidence, and surrounding circumstances, rather than registration alone.
References: RAMKUMAR TIWARI VS BOARD OF REVENUE MADHYA PRADESH GWALIOR MADHYA PRADESH - Chhattisgarh, Buddhi Sagar VS Deputy Director of Consolidation, Bahraich - Allahabad, Pulak Mukherjee VS Santosh Mukherjee - Calcutta, Harsimran Kaur VS Sukhchain Singh - Punjab and Haryana, B. Subramani VS Indirani - Madras, Bhupinder Singh VS Sarabjit Singh - Punjab and Haryana, Surjit Kaur VS Harchand Singh - Punjab and Haryana, Bakshi Ram VS Premi Devi - Himachal Pradesh, E.SREEDHARI vs E.SHYLAJA - Kerala, P. P. K. Gopalan Nambiar VS P. P. K. Balakrishnan Nambiar - Supreme Court
Search Results for "Registered will Executed only to One Son Suspicious"
2019 0 Supreme(Chh) 182 • India - Chhattisgarh
PRASHANT KUMAR MISHRA
son and at same time holding that registered Will in favor is suspicious - Held, There is one more aspect of matter which would ... Will duly executed in his favor by passed an order on directing recording of name in revenue papers recognizing him to be an adopted ... Chhattisgarh Ceiling on Agricultural Holdings Act, 1960 - Ceiling Act - Mutation order - Registered Will ... The Naib Tehsildar, Bemetara passed an order on 17.6.1980 directing recording of Panchkol's name in the revenue ....
2015 0 Supreme(All) 3822 • India - Allahabad
RAM SURAT RAM (MAURYA)
will executed by Jagdish Prasad. ... circumstances surrounding the will, including deprivation of one son from inheritance. ... : The dispute involved land recorded in basic consolidation year khatas, with the petitioners claiming rights based on a registered ... The will was executed in favour of two sons excluding one son as he was living separately during life time of father and did not serve him as such this was a natural circumstance to exclude him from inherita....
2015 0 Supreme(Cal) 466 • India - Calcutta
NISHITA MHATRE, ASHA ARORA
The Will was registered and the Appellant was appointed as the sole Executor. ... Fact of the Case: Appellant, son of the deceased, filed a petition for grant of probate of a Will executed by his father ... circumstances and that the testator could not have executed it on his own and out of his free will and consent. ... That Will was registered. The Appellant, who is the son of Bibhuti Mukherhjee, was appointed as the sole Executor of the Will. Bibhuti Mukherjee expired on 8th Octob....
2011 0 Supreme(P&H) 2210 • India - Punjab and Haryana
A.N.JINDAL
(A) Succession Act, 1963, S.63--Will--Exclusion of one of the natural son--Not a suspicious circumstance--Testator was not a lay ... man but having reached status of Colonel, he cannot be said to have executed Will under undue influence or pressure--There is no ... Will not only bears signatures but also photographs of testator--Will also mentions reasons for ignoring plaintiff--Held, Will is registered ... The Will is registered one having been duly proved by the wit....
2017 0 Supreme(Mad) 343 • India - Madras
N.SATHISH KUMAR
The defendants contended that their father had executed a Will in their favor, bequeathing the properties to them. ... Ex.B.1 no doubt is a registered Will and attested by one Sekar and Anandan. Sekar is none other than the husband of the second defendant and son-in-law of the testator. The Will is a registered one and signed by the testator as well as the attesting witnesses. ... It is the further contention of the learned counsel that Ex.B.1 Will dated 28.05.1997 is execute....
2018 0 Supreme(P&H) 1504 • India - Punjab and Haryana
ANIL KSHETARPAL
(Para 8) (B) Succession Act, 1925, S.63--Will--Suspicious Circumstances--A registered testamentary document ... (C) Succession Act, 1925, S.63--Will--Suspicious Circumstances--Wrong endorsement as mortgage--Registered ... who was residing with him recorded in testamentary document that it is son who is serving him--Testator executed testamentary document ... Sohan Singh before his death, executed a registered testamentary document (Will) on 27.08.20....
2007 0 Supreme(P&H) 2022 • India - Punjab and Haryana
RAJESH BINDAL
Succession Law--Will--Registered Will--Proof--Suspicious circumstances--Will was executed 20 years earlier of recording of evidence ... While contesting the suit, respondent No.1/defendant No. 1 son of deceased Harnam Singh claimed right on the property on the basis of a registered will executed by Harnam Singh in his favour on October 15, 1979. ... It was concurrently found by both the Courts below that there was no suspicious circumstance leading to the execution of....
2014 0 Supreme(HP) 765 • India - Himachal Pradesh
RAJIV SHARMA
The defendants contested the suit, claiming possession based on a will dated 7.4.1972 executed by the ancestor in their favor. ... The court also highlighted the suspicious circumstances surrounding the will and emphasized the lack of cogent and convincing evidence ... The court also highlighted the suspicious circumstances surrounding the will and emphasized the lack of cogent and convincing evidence ... The defendants have failed to prove that “will” was executed by Achhroo Ram and he was in a sound disposing state of ....
2022 Supreme(Online)(KER) 41281 • India - High Court of Kerala
An unregistered earlier Will was challenged by siblings based on a subsequent registered Will executed by their father. ... the propounder amidst suspicious circumstances. ... Issues: Whether the earlier unregistered Will was executed validly and if the burden of proof was adequately discharged by ... After the execution of earlier Will, the father executed another Will, that is Ext.B23, a registered Will. The trial court found that Ext.B21 Will (wrongly stated as B2 Will) is a fabric....
1995 0 Supreme(SC) 335 • India - Supreme Court
B.L.HANSARIA, K.RAMASWAMY
will would itself generate suspicious circumstances- It to accept reasoning of learned Judge- Admittedly will was executed and registered ... not been substituted appeal stood abated- Court find force- Admittedly before their deaths they sold their respective shares by registered ... Appellant is first defendant in file of Court of trial Court decreed suit- On appeal decree to extent of property covered will executed ... Admittedly, the will was executed and registered#HL_END....
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