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Gurdial Singh (Dead) Through LR v. Jagir Kaur (Dead) and Another Etc.

Civil Appeal · 2025 INSC 866Decided 17 Jul 2025
C.A. No.-003509-003510-2010
Justice Sanjay Karol · Justice Joymalya Bagchi

Background

Maya Singh died in 1991 leaving land that his nephew, Gurdial Singh, claimed under a registered Will executed shortly before Maya Singh's death, which left everything to the nephew but made no mention whatsoever of Maya Singh's wife, Jagir Kaur, or any reason for excluding her. Jagir Kaur and her adopted son separately claimed her status as lawful widow and sought a declaration in her favour. The Trial Court and First Appellate Court upheld the Will as validly executed, but the Punjab & Haryana High Court reversed this in second appeal, holding that the complete silence about the wife in the Will was a "suspicious circumstance" showing the testator lacked a free disposing mind.

Decision Breakdown

The Supreme Court affirmed the High Court and dismissed Gurdial Singh's appeal, holding the Will invalid. Applying settled principles on proof of Wills (from Jaswant Kaur, Ram Piari, and related precedents), the Court held that while mere deprivation of a natural heir is not automatically suspicious, the complete, unexplained omission of any reference to the testator's own wife, who was undisputedly living with him until his death and had a good relationship with him, was an unusual feature demanding close scrutiny. Since the propounder (the nephew) failed to offer any credible explanation for this omission, and the evidence showed no estrangement between husband and wife, the Court concluded the Will did not reflect Maya Singh's free and voluntary intention and was tainted by the propounder's undue influence.

Lesson Learnt

A Will that is silent about a close natural heir such as a spouse, with no explanation for their exclusion, can be struck down as invalid even if properly signed, witnessed, and registered: the person relying on such a Will bears the burden of dispelling any suspicious circumstances surrounding its making, not just proving its formal execution.

Official source (sci.gov.in)View Judgment (PDF)

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