Supreme Court Upholds Validity of Will in Inheritance Dispute Case

The case of Pasupati Nath Das (dead) v. Chanchal Kumar Das (dead) by L.Rs. and Ors. involves a complex inheritance dispute, where the Supreme Court had to adjudicate on the validity of a will executed in 1963 and contested by the family members of the deceased testator. The dispute centers around whether the testator’s intentions, as reflected in the will, were legally sound and whether the will was executed in accordance with the legal requirements.

Background of the Case

In 1963, Nandlal Das, the father of the appellant (Pasupati Nath Das) and the respondent (Chanchal Kumar Das), executed a will distributing his property among his family members and a family deity. The will comprised three parts, with the first two parts giving properties to the family deity at the Tarapith temple, where Nandlal Das was a shebait. The third part of the will bequeathed property to his two sons, Pasupati Nath Das and Kanailal Das, and his widow, Shyama Sundari Dassi. Upon the death of Nandlal Das in 1964, his sons inherited the properties under the will.

However, following the death of Kanailal Das in 1966 and Pasupati Nath Das’s subsequent application for probate in 1967, a dispute arose. Shyama Sundari Dassi, the widow of Nandlal Das, executed a later will in 1973, which contradicted the provisions of the original 1963 will. In this 1973 will, she claimed that her husband had revoked the 1963 will, and thus, the property should be divided differently.

As the matter progressed, the dispute involved multiple probate cases and challenges regarding the validity of both the 1963 and 1973 wills, ultimately leading to the current appeal before the Supreme Court.

Key Legal Issues

• Whether the 1963 will executed by Nandlal Das was valid and should be upheld.
• Whether the 1973 will executed by Shyama Sundari Dassi was valid and revokes the previous will.
• Whether there were any suspicious circumstances around the execution of the wills.
• Whether the appellant, as the legal heir, is entitled to the properties based on the valid will.

Arguments by the Appellant

The appellant, Pasupati Nath Das, argued that:

• The 1963 will of Nandlal Das was legally sound and should be upheld, as it clearly expressed his wishes.
• Shyama Sundari Dassi’s 1973 will should not be considered, as it was executed under questionable circumstances, and she was not in a mental state to make such a decision.
• The appellant had a rightful claim to the properties inherited under the 1963 will, and the respondents were not entitled to the share claimed under the 1973 will.

Arguments by the Respondents

The respondents, led by Chanchal Kumar Das and supported by the legal representatives of Shyama Sundari Dassi, argued that:

• The 1963 will was revoked by Nandlal Das before his death, and the 1973 will accurately reflected his intentions regarding the distribution of the estate.
• Shyama Sundari Dassi was entitled to dispose of the properties as she saw fit, and her 1973 will was executed with full mental capacity.
• The appellant’s claims were baseless and did not align with the true intentions of the deceased.

Supreme Court’s Observations

The Supreme Court analyzed the case in detail and made the following observations:

• The primary issue was the validity of the 1963 will, which was contested on the grounds that it was revoked by Nandlal Das. However, there was no substantial evidence to show that the will had been revoked.
• The Court highlighted that the 1973 will executed by Shyama Sundari Dassi contradicted the provisions of the 1963 will, but it was not clear whether this new will was executed under undue influence or in a state of mental incapacity.
• The Court referred to previous legal precedents, including the case of Krishna Kumar Birla v. Rajendra Singh Lodha, where the genuineness of the will and the testator’s intentions were critical issues.

The Court cited:

“The question before us is not about title or inheritance but whether the execution of the Will of the testator was satisfactorily proven and whether there were any suspicious circumstances affecting the Will.”

Final Verdict

The Supreme Court ruled:

• The 1963 will was valid and reflected the true intentions of Nandlal Das. The 1973 will executed by Shyama Sundari Dassi could not override the original will.
• There were no suspicious circumstances that would invalidate the 1963 will, and it should stand as the authentic testament of the deceased.
• The appellant, as the legal heir under the 1963 will, was entitled to the properties in question.
• The appeal was therefore dismissed, and the decisions of the High Court were upheld.

The Court concluded:

“The Will of Nandlal Das dated 12th April, 1963 is upheld. The appeal is dismissed, and the properties shall devolve in accordance with the provisions of that will.”

Conclusion

This case underscores the importance of proper will execution and the necessity of providing clear evidence when contesting a will. The Supreme Court reaffirmed that probate proceedings primarily focus on determining the genuineness of the will and the mental capacity of the testator. The decision reinforces the legal principle that a testator’s intentions, as expressed in a valid will, must be respected unless there is conclusive evidence of revocation or undue influence.

Petitioner Name: Pasupati Nath Das.
Respondent Name: Chanchal Kumar Das & Ors..
Judgment By: Justice Uday Umesh Lalit, Justice Ashok Bhushan.
Place Of Incident: Silchar, Assam.
Judgment Date: 25-09-2018.

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