04 March 2024 Wills/Trusts >> Family Law   |   Probate & Succession >> Personal Law   |   Will's, Codicil's & Agreements >> Personal Law  

Inheritance disputes can be emotionally charged battles, especially when family members feel overlooked. A recent court case in India served as a reminder that expressed wishes in a will can be upheld, even in the face of challenges from close relatives. The case of Thangam & Anr. Vs Navamani Ammal., centered on a will drafted by Palaniandi Udyar in 1984, which earmarked a portion of his land for someone outside his immediate family.

Facts:

• The testator, Palaniandi Udayar, a widower with two deceased childless wives, married Thangam (Appellant). Laila (Appellant) is their daughter.
• Navamani Amma (Respondent) claims to be the niece of the testator.
• The testator owned approximately 8 acres of land and 3 houses.
• By will, the testator bequeathed approximately 3.5 acres of land to the Respondent, with the remaining property (implicitly) left to Thangam and Laila.
• The testator suffered from asthma and cough.
• Thangam was not residing with the testator at the time of his death or will execution.
• The Respondent allegedly cared for the testator during his illness.
• The Appellants did not take care of the testator or the property after his death.
• The Appellants' written statement lacked a paragraph-by-paragraph response to the respondent's complaint.

Conclusion:

• The Court upheld the will's validity.
• The testator demonstrated testamentary capacity at the time of execution.
• The will implicitly acknowledged the appellants' inheritance of the remaining property.
• The appellants failed to substantiate their claims of suspicious circumstances.
• The Court criticized the non-compliance with proper pleading protocol regarding paragraph-specific responses.