Sunday, 28 May 2017

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
Testamentary Suit No. 74 of 2011 in Testamentary Petition No. 970 of 2009
Decided On: 14.10.2016
 Panna Surendra Mehta


Purnima Latik Shah

Hon'ble Judges/Coram:

G.S. Patel, J.

Citation: 2017(2) ALLMR 278
Read full judgment here: Click here
Print Page

No comments:

Post a Comment