LexGURDIAL SINGH (DEAD) THROUGH LR versus JAGIR KAUR (DEAD) AND ANR. ETC.
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[2025] 8 S.C.R. 257 : 2025 INSC 866 Gurdial Singh (Dead) Through LR v. Jagir Kaur (Dead) and Anr. Etc. (Civil Appeal No(s). 3509-3510 of 2010) 17 July 2025 [Sanjay Karol and Joymalya Bagchi,* JJ.] Issue for Consideration Issue arose as to whether the High Court was justified in reversing the concurrent findings of the courts below and holding the Will was vitiated due to existence of suspicious circumstances, non-mention of the existence of wife and failure to give reasons for her disinheritance in the Will. Headnotes† Will – Proof of Will – Suspicious circumstances’ vitiating a Will – Ascertainment – Suit by the appellant-nephew of the testator of the Will that his deceased uncle bequeathed certain land to him and 1st respondent is not testator’s lawfully wedded wife, and 2nd respondent was not their adopted son – Suit by the respondents seeking declaration that 1st respondent is testator’s lawfully wedded wife, and 2nd respondent is their adopted son – Trial court held that the 1st respondent was the lawfully wedded wife of the testator but 2nd respondent was not their adopted son; and declared that the Will propounded by the testator was genuine and by virtue of the Will, the appellant was the lawful owner of the suit land – Upheld by the appellate court – In appeal, the High Court held that the 1st respondent was entitled to the possession of the land since the suspicious circumstance, non-mention of the wife of the testator and the reasons for her disinheritance in the Will exposed absence of ‘free disposing mind’ of the testator – Correctness: Held: Deprivation of a natural heir, by itself, may not amount to a suspicious circumstance because the whole idea behind * Author 258 [2025] 8 S.C.R. Supreme Court Reports the execution of the Will is to interfere with the normal line of succession – However, prudence requires reason for denying the benefit of inheritance to natural heirs – Suspicious circumstance, non-mention of the status of wife or the reason for her disinheritance in the Will ought not to be examined in isolation but in the light of all attending circumstances of the case – It cannot be said testator had during his lifetime, denied his marriage with 1st respondent or admitted that their relation was strained, so as to prompt him to erase her very existence in the Will – Such erasure of marital status is the tell-tale insignia of the propounder and not the testator himself – Cumulative assessment of the attending circumstances including this unusual omission to mention the very existence of his wife in the Will, gives rise to serious doubt that the Will was executed as per the dictates of the appellant and is not the ‘free will’ of the testator – Non-mention of 1st respondent or the reasons for her disinheritance in the Will, shows that the free disposition of the testator was vitiated by the undue influence of the appellant – No evidence to show whether the quantum of money said to be settled in favour of 1st respondent was reasonable and would satisfy the conscience of a man of ordinary prudence with regard to her complete expungement in the Will – Thus, the impugned judgment upheld. [Paras 16, 18-22] Case Law Cited Ram Piari v. Bhagwant & Ors. [1993] 3 SCR 1018 : (1993) 3 SCC 364; Leela Rajagopal v. Kamala Menon Cocharan [2014] 7 SCR 697 : (2014) 15 SCC 570 – relied on. Smt. Jaswant Kaur v. Smt. Amrit Kaur and others [1977] 1 SCR 925 : (1977) 1 SCC 369; H. Venkatachala Iyengar v. B.N. Thimmajamma & Ors. [1959] Supp. 1 SCR 426; Indu Bala Bose & Ors. v. Manindra Chandra Bose & Anr. [1982] 1 SCR 1188 : (1982) 1 SCC 20; PPK Gopalan Nambier v. PPK Balakrishnan Nambiar & Ors. [1995] 2 SCR 585 : (1995) Supp. 2 SCC 664; Dhanpat v. Sheo Ram (deceased) through LRs. & Ors. [2020] 7 SCR 131 : (2020) 16 SCC 209 – referred to. Hames v. Hinkson, AIR 1946 PC 156 – referred to. List of Acts Succession Act, 1925; Evidence Act, 1872. [2025] 8 S.C.R. 259 Gurdial Singh (Dead) Through LR v. Jagir Kaur (Dead) and Anr. Etc. List of Keywords Will; Existence of suspicious circumstances; Non-mention of existence of wife in the Will; Failure to give reasons for wife’s disinheritance in the Will; Proof of Will; Suspicious circumstances’ vitiating Will; Testator’s lawfully wedded wife; Testator’s adopted son; Deprivation of natural heir; Execution of Will; Normal line of succession; Prudence; Benefit of inheritance to natural heirs; Invalidating the Will; Proof o
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