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H. Venkatachala Iyengar vs B. N. Thimmajamma & Others on 13 November, 1958

124. To sum up, it is enough to refer to one of the recent decisions of Hon'ble Apex Court in the case of 117 Kavita Kanwar vs. Mrs. Pamela Mehta and Others reported in (2021) 11 SCC 209, wherein Hon'ble Apex Court referred to almost all previous decisions right from H.Venkatachala Iyengar supra and held that in a given case a suspicion is created are essentially those where either the signature of the testator is disputed or the mental capacity of the testator is questioned. In the matter of appreciating the genuineness of the execution of a Will, there is no place for the Court to see whether the distribution made by the testator was fair and equitable to all of his children. It is further held that the Court is not required to apply Article 14 of the Constitution of India, to dispositions under a Will.
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