Supreme Court Says Disinheriting Natural Heirs in a Will Can Raise Doubts, But Doesn’t Always Invalidate It

In a recent judgment, the Supreme Court of India reiterated an important point about Wills and inheritance: if a natural heir is left out of a Will, that can be a suspicious circumstance, but by itself, it does not make the Will invalid.

The Court emphasized that when a Will excludes close family members, such as a spouse or children, the situation requires closer examination. Judges must ensure that the Will truly reflects the free and voluntary decision of the person who made it (called the "testator").

Case Background: Wife Left Out of Husband’s Will:

The case was about a Will allegedly made by Maya Singh, who had passed away. A nephew of Maya Singh claimed that Singh had left all his property to him through a Will. He also denied that Jagir Kaur, the woman who claimed to be Singh’s wife, was his legally wedded spouse.

Interestingly, the Will did not mention Jagir Kaur at all—not even as someone to be excluded from the inheritance. The Trial Court accepted the Will as valid. But the High Court overturned that decision, finding the Will suspicious.

The Supreme Court, through a bench of Justice Sanjay Karol and Justice Joymalya Bagchi, agreed with the High Court.

Why the Supreme Court Found the Will Suspicious:

The judgment highlighted that excluding a natural heir like a wife, without any reason or explanation in the Will, raises red flags. The Court said that while a person has the legal right to distribute their property as they wish, when they leave out someone so close, there should ideally be some reason given.

The Court relied on earlier cases like Ram Piari vs. Bhagwant & Ors (1993), which stated:

“Prudence requires reason for denying inheritance to natural heirs, and an absence of it... shrouds the disposition with suspicion.”

The judges noted that Maya Singh and Jagir Kaur lived together until his death, and there was no evidence of a strained relationship. In fact, Singh had nominated her to receive his pension, which supported her claim as his lawful wife.

Despite this, the Will:

• Did not acknowledge Jagir Kaur's existence.

• Did not explain why she was being left out.

• Was allegedly written in favor of the nephew who had contested her status as a wife.

  
  

Courts Must Closely Examine “Unnatural” Wills:

The Supreme Court clarified that suspicious circumstances, like unusual omissions or unnatural beneficiaries, require judges to scrutinize the Will very carefully.

“The suspicious circumstance—non­mention of the status of the wife or the reason for her disinheritance—ought not to be examined in isolation but in light of all attending circumstances,” the Court observed.

Even though the Will was registered, the Court said that registration alone does not prove its genuineness.

Nephew’s Influence Suspected:

The Court ultimately concluded that the omission of the wife from the Will, despite her long-standing relationship with the deceased, was likely the result of influence or pressure from the nephew.

The Court stated:

“Such erasure of marital status is the tell­tale insignia of the propounder and not the testator himself.”

In simple words, the Will seemed to reflect the wishes of the nephew, not Maya Singh.

Cultural Context Misunderstood by Lower Court:

The Trial Court had noted that Jagir Kaur did not attend her husband's last rites, suggesting this showed a broken relationship. But the Supreme Court corrected this view, saying that in Sikh families, it is customary for male relatives to conduct funeral rites, so her absence did not imply any estrangement.

Final Words:

The Supreme Court's judgment serves as a reminder that:

• Natural heirs can be excluded from a Will, but doing so without any reason may raise doubts.

• Courts must consider all the surrounding facts, not just the Will itself.

• A Will should reflect the true and free will of the testator, not the influence of others.

  
  

In this case, the Court found enough suspicious circumstances to believe that Maya Singh's Will was not made freely, and ruled against the nephew.