How to prove that will was invalid as it was executed due to undue influence?

As to the case on 'undue influence',⁴⁸ there is no evidence at all. To invalidate a Will, undue influence must be established as a fact. The actual exercise of that undue influence on the testator, and which is in the nature of coercion and fraud, must also be demonstrated.⁴⁹ It is not enough to show that one person was in a position or had the power to overbear the testator; it must be shown that Will was the result of the exercise of that power.⁵⁰ Generalized allegations will not do: undue influence is to pleaded with specificity, particularity and precision.⁵¹

IN THE HIGH COURT OF BOMBAY

Testamentary Suit No. 74 of 2011 in Testamentary Petition No. 970 of 2009

Decided On: 14.10.2016

 Panna Surendra Mehta

Vs.

Purnima Latik Shah

Hon'ble Judges/Coram:

G.S. Patel, J.

Citation: 2017(2) ALLMR 278
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