The Supreme Court has observed that disinheriting a loyal wife in favor of strangers raises a strong suspicion on the validity of a Will. A bench of Justices Manoj Misra and K V Vishwanathan made the observation while allowing an appeal by Sardari Lal and restoring the property rights of his predecessor-in-interest, Bhambo Devi, the widow of Chhajju Ram.
Case Background
The case involved a property dispute where Chhajju Ram, who died in 1956, had allegedly executed a Will bequeathing his property to strangers instead of his wife, Bhambo Devi. The trial court had initially upheld the Will, but the Supreme Court found that the circumstances surrounding its execution were suspicious.
Court's Reasoning
The bench noted that Bhambo Devi had remained loyal to her husband and had no reason to be disinherited. The court emphasized that when a Will excludes natural heirs like a spouse, it must be scrutinized carefully. The failure to explain why the wife was disinherited in favor of unrelated persons cast doubt on the Will's authenticity.
Restoration of Property Rights
Allowing the appeal, the Supreme Court set aside the lower court's orders and restored Bhambo Devi's rights over the property. The judgment reinforces the principle that Wills disinheriting close family members without valid reasons are subject to stricter judicial scrutiny.
