Kavita Kanwar. Vs Pamela Mehta & Ors. (Supreme Court of India)
Unexplained Suspicious Circumstances Justify Refusal of Probate Despite Formal Proof of Will: SC
The appeal before the Supreme Court arose from concurrent decisions of the Trial Court and the Delhi High Court refusing probate of a Will dated 20.05.2003 allegedly executed by the mother of the contesting parties. The appellant, who was both the executor and the principal beneficiary under the Will, challenged the rejection of her probate petition. The principal issue before the Supreme Court was whether the courts below were justified in refusing probate after finding that the Will was surrounded by unexplained suspicious circumstances.
The testatrix, Smt. Amarjeet Mamik, was survived by two daughters and one son. During her lifetime, her husband had executed a registered gift deed transferring the ground floor of property bearing No. D-179, Defence Colony, New Delhi to the appellant and had bequeathed the remaining portions of the property to the testatrix through a registered Will. The disputed Will dated 20.05.2003 purported to bequeath the first floor, terrace and other portions of the property primarily to the appellant, subject to certain conditions relating to residential accommodation for the elder daughter. The son was given only the credit balance in the testatrix’s bank accounts and was expressly excluded from any share in the immovable property. The appellant was appointed executor of the Will.
