Son Overturns Will: Court Finds Undue Influence.
12 April 2024
Wills & Estates >> Inheritance | Wills under Indian Succession Act >> Inheritance
In a recent case, a son successfully challenged his father's will, which left the entire estate to the testator's third wife. The court ruled that the will was not the testator's free will and was likely obtained through undue influence.
Facts:
The appellant, acting as the executor of the third wife's will, filed a suit seeking to administer the estate based on the will. However, the respondent, the son from the testator's second marriage, contested the will's validity. He argued that the document was forged and pressured upon the testator by his third wife.
The key piece of evidence came from the attesting witness who testified that the testator appeared compelled to sign the will in favor of the third wife. This raised suspicion about the circumstances surrounding the will's creation.
Legal Burden on Will's Proponent:
The court applied the principle that the burden of proof lies with the propounder of the will (the person seeking to uphold it) to dispel any doubts raised by suspicious circumstances. In this case, the appellant could not overcome the suspicion created by the witness testimony.
Conclusion:
The court's decision aligns with established legal principles in India. The Indian Succession Act, 1925, lays out provisions for situations where wills are obtained through fraud, coercion, or undue influence (Sections 61 & 63).
Previous court cases were also cited to support the ruling. These cases established the importance of proving a will's genuineness and the legal burden of proof in will challenge situations (Daulatram & Ors. V. Sodhu & Ors., Naresh Charan Das Gupta vs. Paresh Charan Das Gupta, Anuradha Anil Bhagwat & Ors. vs Kirit Navnitlal Damania & Anr.).
Importance of Witness Testimony and Due Process:
The case highlights the significance of witness testimony in will disputes. Inconsistencies or evidence suggesting pressure on the testator can raise red flags. Additionally, the case underscores the importance of due process in ensuring a will reflects the testator's true wishes and is not influenced by improper means.