29 February 2024 Wills under Indian Succession Act >> Inheritance   |   Will's, Codicil's & Agreements >> Personal Law  

In the quiet town of Katni, Madhya Pradesh, a legal saga between Savitri Bai and Another vs Savirtri Bai unfolded that pitted family members against each other in a contentious battle over property ownership. At the heart of the dispute was a property located in Ishwaripura Ward, with its fate hanging on the validity of a Will and a subsequent sale deed. This case, navigating through multiple courts, illuminated the complexities of inheritance laws and the intricate dance of legal proceedings.

The story begins with the late Babulal Kahar, survived by two wives and a diverse array of offspring. Savitri Bai, his daughter from the first marriage, claimed to have purchased the property in question through a registered Sale Deed dated 18.01.1979. Her assertion was met with resistance from Savitri Bai, daughter of Babulal's second wife, who contended that her father had bequeathed the property to her son, Meghraj, through a Will executed on 23.03.1977.

Initially dismissed by the trial court, which upheld the validity of the Will and declared the sale deed ineffective concerning Meghraj’s share, Savitri Bai persisted through appeals. The first appellate court echoed the trial court’s decision, further solidifying the stance that the property rightfully belonged to Meghraj under the terms of the Will. However, the tide turned when the High Court of Madhya Pradesh intervened. In a surprising twist, the High Court overturned the lower courts’ decisions, deeming the Will as suspect due to delayed disclosure and insufficient evidence. This reversal marked a significant departure from established legal principles, prompting an appeal to the highest judicial authority in the land.

 

 

In a landmark judgment, the Supreme Court of India meticulously reviewed the evidence presented. It reaffirmed the authenticity of the Will based on stringent legal criteria, emphasizing the credibility of witnesses and the procedural adherence in its execution. Criticizing the High Court’s departure from established norms, the Supreme Court reinstated the rulings of the trial court and the first appellate court, thus affirming Meghraj’s rightful ownership of the disputed property.

The legal battle, which spanned decades and traversed multiple layers of judicial scrutiny, underscored the importance of thorough documentation and adherence to legal procedures in matters of inheritance and property rights. It serves as a poignant reminder of the complexities involved when familial ties intersect with legal formalities, leaving an enduring impact on the landscape of property law in India.

As the dust settles over the courts of Katni, the case stands as a testament to the resilience of legal principles and the pursuit of justice, even in the face of familial discord and intricate legal manoeuvring. This case highlights the importance of properly executed Wills and the limitations of signatures on sale deeds when ownership is contested through a valid Will.

  Indian Evidence Act, 1872    Indian Succession Act, 1925