KAVITA KANWAR versus MRS. PAMELA MEHTA & ORS.

KAVITA KANWAR versus MRS. PAMELA MEHTA & ORS.

The Trial Court and High Court correctly found multiple material and unexplained suspicious circumstances (the appellant’s active role in making the Will while being the main beneficiary, unexplained exclusion of other children, problematic partly typed/partly handwritten will with no evidence who drafted the printed portion or note copied by the testatrix, contradictions in testimony of attesting witnesses and appellant, and the appellant’s vacillating stance regarding an alleged third page and post-death payments). Taken cumulatively these circumstances failed to satisfy the Court’s conscience that the testatrix knew and understood the meaning, purport and effect of the Will;...

Parties
Appellant; Executor and Major Beneficiary: Smt. Kavita Kanwar; Respondent No.1; Elder Widowed Daughter of Testatrix: Mrs. Pamela Mehta; Respondent No.2; Son of Testatrix: Col. (Rtd.) Prithiviraj Mamik; Testatrix (deceased): Smt. Amarjeet Mamik
Jurisdiction
India
Judgment Date
19 May 2020
Procedural Posture
Civil Appeal (special Leave) / Final Judgment on Appeal Affirming Trial Court and High Court Orders
Outcome
Appeal dismissed; probate of the Will dated 20.05.2003 refused; concurrent decisions of Trial Court and High Court affirmed
Legal Topics
Execution and Proof of Wills, Suspicious Circumstances in Testamentary Disposition, Interpretation and Admissibility of Extrinsic Evidence in Wills
Probate Succession Law Evidence Execution and Proof of Wills Suspicious Circumstances in Testamentary Disposition Interpretation and Admissibility of Extrinsic Evidence in Wills

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Parties

Smt. Kavita Kanwar

Appellant; Executor and Major Beneficiary

Mrs. Pamela Mehta

Respondent No.1; Elder Widowed Daughter of Testatrix

Col. (Rtd.) Prithiviraj Mamik

Respondent No.2; Son of Testatrix

Smt. Amarjeet Mamik

Testatrix (deceased)

Procedural Posture

Civil Appeal (special Leave) / Final Judgment on Appeal Affirming Trial Court and High Court Orders

Legal Issues

  1. 1 Whether the Will dated 20.05.2003 was duly executed and can be probated
  2. 2 Whether the testatrix understood the contents of the Will at execution
  3. 3 Whether unexplained suspicious circumstances defeat probate (including active role of beneficiary, exclusion of other heirs, handwriting/typing issues, contradictions in witness testimony, and alleged third page)

Ratio Decidendi

The Trial Court and High Court correctly found multiple material and unexplained suspicious circumstances (the appellant’s active role in making the Will while being the main beneficiary, unexplained exclusion of other children, problematic partly typed/partly handwritten will with no evidence who drafted the printed portion or note copied by the testatrix, contradictions in testimony of attesting witnesses and appellant, and the appellant’s vacillating stance regarding an alleged third page and post-death payments). Taken cumulatively these circumstances failed to satisfy the Court’s conscience that the testatrix knew and understood the meaning, purport and effect of the Will;...

Court Disposition

Appeal dismissed; probate of the Will dated 20.05.2003 refused; concurrent decisions of Trial Court and High Court affirmed

Orders

  • Appeal dismissed
  • Grant of probate in relation to the Will dated 20.05.2003 refused