VidhiSangh

Supreme Court of India · 07/12/2023

DEREK A C LOBO & ORS. versus ULRIC M A LOBO (DEAD) BY LRS. & ORS.

[2023] 16 S.C.R. 1547 · 2023 INSC 1093

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Summary

The Supreme Court restored probate of a mother’s will, holding that the High Court’s supposed suspicious circumstances lacked an evidentiary foundation. Execution and capacity were proved, the evidence showed that she read and understood the will, and the beneficiaries’ presence, non-examination of the drafting advocate and unequal dispositions did not undermine it on this record.

Issues

  1. Whether the will was duly proved and the circumstances relied on by the High Court justified rejecting it.
  2. How the evidentiary burden shifts when a contestant alleges suspicious circumstances.

Provisions considered

Held

Result

Appeal allowed. The High Court judgment was set aside and the trial court’s decree granting probate restored and confirmed. Pending applications disposed of; no order as to costs.

Judgment PDF: Supreme Court of India, [2023] 16 S.C.R. 1547.