Case Note & Summary
The case involves an appeal against the dismissal of a probate petition by the learned Single Judge. The appellant, Sonali Arvind Nadkarni, is the adopted daughter of the deceased Arvind Puttappa Nadkarni and respondent no.1 Snehalata Arvind Nadkarni. The deceased executed a will dated 09.12.2010, just 11 days before his death on 20.12.2010. The will was not signed by the deceased but bore his thumb impression on each page, as he was suffering from Parkinson's disease and ischemic colitis which developed septicemia. The will was witnessed by two attesting witnesses. The appellant filed a probate petition which was opposed by respondent no.1 (the widow) and respondent no.2 (the builder), who claimed that the will was surrounded by suspicious circumstances, including the deceased's medical condition, the appellant's active role in procuring the will, and the exclusion of the widow from inheritance. The learned Single Judge dismissed the probate petition, holding that the will was not validly executed and that the appellant failed to dispel suspicious circumstances. The appellant appealed to the Division Bench. The Division Bench reversed the finding, holding that the thumb impression on the will is a valid signature under Section 63 of the Indian Succession Act, 1925, and that the appellant had sufficiently proved the due execution and attestation of the will. The court also held that the suspicious circumstances were dispelled by the evidence of the attesting witnesses and the doctor who treated the deceased. The appeal was allowed, and probate was granted to the appellant.
Headnote
A) Succession Law - Validity of Will - Thumb Impression as Signature - Section 63 Indian Succession Act, 1925 - The court considered whether a will bearing the thumb impression of the testator instead of his signature is valid when the testator was suffering from Parkinson's disease and ischemic colitis. The court held that the thumb impression on each page of the will, duly attested by witnesses, satisfies the requirement of signature under Section 63 of the Indian Succession Act, 1925, and the will is not invalid merely because the testator could not sign due to his medical condition (Paras 1-10). B) Succession Law - Suspicious Circumstances - Burden of Proof - Section 63 Indian Succession Act, 1925 - The court examined whether the will was surrounded by suspicious circumstances such as the testator's medical condition, the propounder's active role, and the exclusion of natural heirs. The court held that the propounder must dispel all suspicions by clear evidence, but in this case, the evidence showed that the testator had testamentary capacity, the will was read over to him, and he voluntarily affixed his thumb impression in the presence of witnesses, thereby dispelling any suspicious circumstances (Paras 11-20).
Issue of Consideration
Whether a will executed by thumb impression of the testator, who was suffering from Parkinson's disease and ischemic colitis, is valid under Section 63 of the Indian Succession Act, 1925, and whether the will was surrounded by suspicious circumstances.
Final Decision
Appeal allowed. The judgment of the learned Single Judge dismissing the probate petition is set aside. Probate of the will dated 09.12.2010 is granted to the appellant. The Notice of Motion No. 63 of 2018 is disposed of accordingly.
Law Points
- Validity of will
- thumb impression as signature
- attestation of will
- testamentary capacity
- suspicious circumstances
- burden of proof
- Section 63 Indian Succession Act
- 1925
- Section 68 Indian Evidence Act
- 1872
