Featured image for Supreme Court Judgment dated 19-05-2020 in case of petitioner name Kavita Kanwar vs Mrs. Pamela Mehta & Ors.
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Supreme Court Denies Probate: Legal Scrutiny of Suspicious Will in Property Dispute

The Supreme Court’s judgment in Kavita Kanwar vs. Mrs. Pamela Mehta & Ors. sheds light on the legal principles surrounding the execution of a Will, the requirements for granting probate, and the role of suspicious circumstances in determining its validity. The case revolves around a family dispute over the inheritance of property and whether the Will in question was legally executed and free from undue influence.

The judgment affirms the Trial Court and High Court’s findings that the Will was surrounded by unexplained suspicious circumstances, thereby rejecting the probate petition. This decision is a crucial precedent in testamentary cases involving disputes over the validity of Wills.

Case Background

The case originated from the probate petition filed by the appellant, Kavita Kanwar, seeking recognition of the Will executed by her mother, Amarjeet Mamik, dated 20.05.2003. The Will primarily bequeathed the testatrix’s property to the appellant, raising concerns among the other legal heirs, namely the respondents, Mrs. Pamela Mehta (elder daughter) and Col. (Rtd.) Prithiviraj Mamik (son). Both respondents contested the Will, alleging its fabrication and suspicious circumstances.

Legal Issues Considered

  • Whether the Will in question was duly executed in compliance with legal requirements.
  • Whether the testatrix had testamentary capacity and understood the contents of the Will.
  • Whether the presence of suspicious circumstances invalidated the Will.
  • Whether the appellant’s active role in the execution of the Will created a conflict of interest.

Petitioner’s Arguments

  • The Will was executed as per the law, meeting all formal requirements under the Indian Succession Act.
  • The testatrix had full mental capacity and executed the Will voluntarily.
  • The appellant was the natural beneficiary due to the special bond shared with the testatrix.
  • The Will’s provisions were fair and reasonable, ensuring the respondents’ interests were not wholly ignored.

Respondents’ Arguments

  • The Will was surrounded by multiple suspicious circumstances, including the exclusion of the son and elder daughter.
  • The appellant played an active role in the execution of the Will and was its primary beneficiary, raising concerns about undue influence.
  • The testatrix’s signature appeared unnatural, and there was no evidence that she understood the Will’s contents.
  • The document contained technical legal language unlikely to be used by the testatrix, indicating external drafting.

Supreme Court’s Analysis

The Supreme Court reaffirmed key legal principles governing the validity of Wills. It emphasized that the burden of proof rests on the propounder to establish that:

  • The testator had the mental capacity to execute the Will.
  • The execution complied with all legal formalities.
  • The Will was free from coercion, undue influence, or fraud.

Suspicious Circumstances Surrounding the Will

The Court identified several suspicious circumstances:

  • The appellant’s active involvement in the Will’s execution despite being its primary beneficiary.
  • The exclusion of the testatrix’s son and the imposition of uncertain conditions on the elder daughter’s inheritance.
  • The presence of legal terminology in the Will, suggesting external drafting without the testatrix’s full comprehension.
  • The alleged existence of a third page of the Will, which was denied initially but later cited by the appellant.
  • Discrepancies in the testimonies of witnesses and the appellant’s shifting stance regarding the Will’s authenticity.

Key Findings

  • The appellant failed to dispel doubts regarding the Will’s authenticity.
  • The respondents successfully demonstrated that the Will’s execution was questionable due to procedural irregularities and unexplained circumstances.
  • The presence of multiple suspicious circumstances cast doubt on the testatrix’s intent and understanding.

Final Judgment

The Supreme Court dismissed the appeal, affirming the High Court’s decision to deny probate. The judgment emphasized the need for clear, cogent, and convincing evidence to establish the validity of a Will, particularly in the presence of suspicious circumstances.

This case serves as a guiding precedent for future probate matters, reinforcing the principle that testamentary documents must be executed with transparency and in full compliance with legal requirements.


Petitioner Name: Kavita Kanwar.
Respondent Name: Mrs. Pamela Mehta & Ors..
Judgment By: Justice A.M. Khanwilkar, Justice Dinesh Maheshwari.
Place Of Incident: New Delhi.
Judgment Date: 19-05-2020.

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