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1 - 10 of 16 (0.26 seconds)Section 59 in The Indian Succession Act, 1925 [Entire Act]
Section 63 in The Indian Succession Act, 1925 [Entire Act]
Pentakota Satyanarayana & Ors vs Pentakota Seetharatnam & Ors on 29 September, 2005
20. The decisions of the Supreme Court in Uma Devi Nambiar Vs.
T.C. Sidhan, (2004) 2 SCC 321, and Pentakota
Satyanarayana Vs. Pentakota Seetharatnam, (2005) 8 SCC
67 are authorities on the principle that active participation of the
propounder or beneficiary in the execution of the Will or
exclusion of the natural heirs need not or necessarily lead to an
inference that the Will was not genuine.
Ppk Gopalan Nambiar vs Ppk Balakrishnan Nambiar And Ors on 7 March, 1995
"16. A will is executed to alter the ordinary mode of
succession and by the very nature of things, it is
bound to result in either reducing or depriving
the share of natural heirs. If a person intends his
property to pass to his natural heirs, there is no
necessity at all of executing a will. It is true that
a propounder of the will has to remove all
suspicious circumstances. Suspicion means
PC No. 15853/16 Sudha Sharma Vs. State & Ors. Page 13 of 20
doubt, conjecture or mistrust. But the fact that
natural heirs have either been excluded or a
lesser share has been given to them, by itself
without anything more, cannot be held to be a
suspicious circumstances especially in a case
where the bequest has been made in favour of
an offspring. As held in P.P.K. Gopalan Nambiar
v. P.P.K. Balakrishnan Nambiar [1995 Supp (2)
SCC 664] it is the duty of the propounder of the
will to remove all the suspected features, but
there must be real, germane and valid
suspicious features and not fantasy of the
doubting mind. It has been held that if the
propounder succeeds in removing the
suspicious circumstances, the court has to give
effect to the will, even if the will might be
unnatural in the sense that it has cut off wholly
or in part near relations.
Rabindra Nath Mukherjee& Anr vs Panchanan Banerjee (Dead)By Lrs. & Ors on 9 May, 1995
In
Rabindra Nath Mukerjee v. Panchanan Banerjee
[(1995) 4 SCC 459] it was observed that the
circumstance of deprivation of natural heirs
should not raise any suspicion because the
whole idea behind execution of the will is to
interfere with the normal line of succession and
so, natural heirs would be debarred in every
case of will. Of course, it may be that in some
cases they are fully debarred and in some cases
partly."
Mahesh Kumar (D) By Lrs vs Vinod Kumar & Ors on 13 March, 2012
21. Following the above rulings, the Supreme Court in Mahesh
Kumar (dead) by LRs Vs. Vinod Kumar & Ors., (2012) 4 SCC
387, held, in the facts and circumstances of the said case that
the evidence unmistakably showing that the objectors had
separated from the family, taking their respective shares, not
bothering to look after the parents in their old age, there was
"nothing unatural or unusual" in the decision of the testator ( the
father) to give his share in the joint family property to the son
PC No. 15853/16 Sudha Sharma Vs. State & Ors. Page 14 of 20
who, along with his wife and children, had taken care of the
parents, adding that :-
H. Venkatachala Iyengar vs B. N. Thimmajamma & Others on 13 November, 1958
Referring, inter alia, to the earlier decision of H.
Venkatachala Iyengar ( supra), the court held:-
Maya Devi (D) By Lrs vs Raj Kumari Batra (D) By Lrs. & Ors on 8 September, 2010
23. Naveen Bhatia through LRs, Vs. Raj Kumari Bhatia & Ors.