Supreme Court: Will Disinheriting Devoted Wife Raises Suspicion

The Supreme Court of India has ruled that a will leaving a wife out of inheritance, despite a long and loving marital relationship, is suspicious. The observation came while upholding the rights of a Himachal Pradesh widow to retain ancestral property after a 33-year legal battle.

A bench of Justices Manoj Misra and K V Viswanathan set aside a 2016 Himachal Pradesh High Court judgment that had upheld a will allegedly executed by the husband in 1974, bequeathing his land to his brother's children. The husband died in 1992.

Justice Misra, writing the judgment delivered on Tuesday, noted that it was 'incomprehensible' that a man who was cared for by his wife until his death would disinherit her in favour of distant relatives. The will also falsely claimed that the man's relatives were living with him to take care of him.

The court emphasised that the will was executed by an illiterate agriculturist, adding that such a circumstance changes the perception about the will's genuineness. The widow argued that the will was not valid as it was executed 18 years before the husband's death and without her knowledge.

The ruling underscores the principle that courts will scrutinise a will with suspicion if it disinherits the testator's spouse despite a long and loving relationship. The judgment provides clarity on the burden of proof in cases involving suspicious wills, particularly when the testator is illiterate and the will excludes immediate family members.