Case Note & Summary
The plaintiffs, Kirit N. Damania and Shantaram V. Pikale, executors named in the Will of Shashikala Baburao Alandkar, sought probate of the Will dated 4th July 1993. Shashikala died on 27th February 1994 from burn injuries. She was unmarried and without children. She was survived by two branches of her brothers' families: the family of Mahavir Baburao Alandkar (who did not challenge the petition) and the family of Padmakar Baburao Alandkar, whose daughter Anuradha and her three children (the defendants) opposed the probate. The Will was typewritten on four pages, with handwritten additions on pages 2 and 3 in blue ink, and the date '4th' handwritten on page 4. The signatures and initials of the deceased were admitted. The attesting witnesses were Mr. R.G. Shenai and Mr. G.V.P. Desai. The defendants raised suspicious circumstances: the propounders were beneficiaries, the Will was not registered, the deceased was in a hospital at the time of execution, and the handwritten additions were not attested. The court framed issues and the plaintiffs examined two witnesses, including the 1st plaintiff and one attesting witness (Mr. Shenai). The defendants did not lead evidence. The court held that the propounders discharged the burden of proof by showing due execution and attestation. The suspicious circumstances were explained: the propounders were long-time acquaintances, the hospital visit was for a minor ailment, and the handwritten additions were made by the attesting witness before execution. The court granted probate to the plaintiffs.
Headnote
A) Succession Law - Probate - Execution and Attestation of Will - Section 63 Indian Succession Act, 1925 and Section 68 Indian Evidence Act, 1872 - The court considered whether a Will with handwritten additions and without examination of attesting witnesses at trial could be granted probate - Held that the propounders discharged the burden of proof by leading evidence of due execution and attestation, and the suspicious circumstances were explained (Paras 1-25). B) Succession Law - Suspicious Circumstances - Burden of Proof - The court examined the suspicious circumstances including the propounders being beneficiaries and the Will being typed with handwritten additions - Held that the propounders satisfactorily explained the circumstances and proved the Will was genuine (Paras 10-20).
Issue of Consideration
Whether the Will dated 4th July 1993 of Shashikala Baburao Alandkar was duly executed and attested as required by law, and whether the propounders discharged the burden of proof in the face of suspicious circumstances.
Final Decision
The court decreed the suit and granted probate of the Will dated 4th July 1993 to the plaintiffs, with the usual residuary legacy to the heirs of the deceased.
Law Points
- Burden of proof in probate
- Suspicious circumstances
- Attestation of Will
- Handwritten additions
- Section 63 Indian Succession Act
- 1925
- Section 68 Indian Evidence Act
- 1872
