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Civil Property & InheritanceSupreme Court of India

H.V.Nirmala v. R.Sharmila

Civil Appeal · 2018 INSC 60Decided 25 Jan 2018
Civil Appeal No. 881 of 2018
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

A man named Ramaiah had two wives and left children from each; after his death, a dispute arose between his children over his property. One set of children had earlier obtained a compromise decree in a partition suit based on a later Will dated 1995, but Ramaiah's daughter from his first wife, who was not a party to that compromise, filed a separate suit claiming ownership of specific properties based on an earlier registered Will dated 1980 that Ramaiah had made in favour of her and her brother when they were minors. The trial court dismissed her suit for failure to prove the 1980 Will, but the Karnataka High Court reversed that finding on first appeal and decreed the suit in her favour, prompting the other family members (defendants) to appeal to the Supreme Court.

Decision Breakdown

The Supreme Court agreed with the High Court that the daughter had validly proved the 1980 Will in accordance with Section 68 of the Evidence Act, through her own testimony and that of an attesting witness, especially since the original Will was in the possession of the opposing party and she could rely on a certified copy as secondary evidence. The Court found it significant that the later 1995 Will never mentioned or revoked the earlier registered 1980 Will, which undercut the defendants' claim that the later Will should prevail, and that it was natural for a father to bequeath property to his minor children out of love and affection with no suspicious circumstances surrounding the Will's execution. Since the daughter was never a party to the 1997 compromise decree based on the 1995 Will, that decree could not bind her. The Supreme Court therefore upheld the High Court's decision, confirmed the daughter's title to the properties under the 1980 Will, and dismissed the appeal.

Lesson Learnt

A person who was never a party to a family settlement or compromise decree is not bound by it, and an earlier registered Will can still prevail over a later one if the later Will never acknowledges or revokes it: courts will look closely at whether a "final" family settlement actually accounted for everyone's rights before treating it as conclusive.

H.V.Nirmala v. R.Sharmila – Legal Case Shots | LegalAware