Showing posts with label natural heirs. Show all posts
Showing posts with label natural heirs. Show all posts

Tuesday, 11 April 2017

Whether natural heirs are excluded is suspicious circumstance invaliding will?

Mr. Narsimha, learned counsel for the respondents, submitted that the natural heirs were excluded and legally wedded wife was given a lesser share and, therefore, it has to be held to be a suspicious circumstance. We are unable to countenance the said submission. The circumstances of depriving the natural heirs should not raise any suspicion because the whole idea behind the execution of the will is to be interfered in the normal line of succession and so natural heirs would be debarred in every case of the Will. It may be that in some cases they are fully debarred and some cases partly. This is the view taken by this Court in Uma Devi Nambiar and Ors. v. T.C.Sidhan (Dead) MANU/SC/1026/2003 : AIR2004SC1772 .
Citation : AIR 2005 SC 4362
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 5941-5942 of 2005 [Arising out of S.L.P. (Civil) Nos. 21835-21836 of 2003]
Decided On: 29.09.2005
 Pentakota Satyanarayana 
Vs.
 Pentakota Seetharatnam and Ors.

Coram:
Ruma Pal and AR. Lakshmanan, JJ.



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