Legal provisions involved: Section 63(c) of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872

Judgement by: Supreme Court of India

Judge/Bench: Justice Ahsanuddin Amanullah and Justice K. Vinod Chandran

Facts

The case related to a will made in 1988 by N.S. Sreedharan. The will was registered the next day at his home and divided his properties among eight of his nine children, leaving out one daughter. Years later, the excluded daughter filed a partition suit claiming a share in her father’s property. The trial court and later the High Court rejected the will, mainly on the ground that it was not properly proved as required by law.

Key legal provisions

Section 63(c) of the Indian Succession Act

Section 68 of the Evidence Act 

Issues raised

Whether the will was legally proved and whether courts can question the personal decision of a testator to exclude one of his children.

Arguments of the case

The appellants argued that the will was properly executed, the witnesses were present, and the testator was mentally fit. The respondent claimed that there were doubts about attestation and the testator’s capacity, making the will unreliable.

Judgement

The Supreme Court held that courts cannot replace the wishes of a testator with their own views. It found that the will was validly proved and that the testator was of sound mind at the time of execution. The Court set aside the decisions of the trial court and the High Court, upheld the 1988 will, and ruled that the excluded daughter had no right to seek partition of the property.

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