{"id":255571,"date":"2021-10-14T17:00:57","date_gmt":"2021-10-14T11:30:57","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=255571"},"modified":"2021-10-14T22:11:30","modified_gmt":"2021-10-14T16:41:30","slug":"appellate-courts-cant-unnecessarily-create-a-suspicion-in-absence-of-objection-to-validity-of-a-will-supreme-court","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/10\/14\/appellate-courts-cant-unnecessarily-create-a-suspicion-in-absence-of-objection-to-validity-of-a-will-supreme-court\/","title":{"rendered":"Appellate Courts can’t “unnecessarily create” suspicion in absence of objection to validity of a Will: Supreme Court\u00a0"},"content":{"rendered":"

Supreme Court<\/strong>: Holding that a testamentary court is not a court of suspicion but that of conscience, the bench of Sanjay Kishan Kaul and MM Sundresh*<\/strong>, JJ has set aside the High Court\u2019s order in a suit for execution of Will wherein the Court had \u201cunnecessarily created a suspicion when there is none\u201d, merely because it thought that was no logic in the exclusion of the sister of the beneficiary of the Will. Neither the beneficiary nor his siblings had raised any issues regarding the validity of the Will.<\/p>\n

Asking the appellate Courts to consider the relevant materials instead of adopting an ethical reasoning, the Court explained,<\/p>\n

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\u201cA mere exclusion of either brother or sister per se would not create a suspicion unless it is surrounded by other circumstances creating an inference. In a case where a testatrix is accompanied by the sister of the beneficiary of the Will and the said document is attested by the brother, there is no room for any suspicion when both of them have not raised any issue.\u201d<\/p>\n<\/blockquote>\n

Brief Background<\/strong><\/p>\n