Grandson got 3.11 bigha of Delhi land and other properties via Will, family members objected to this; HC grants probate of Will to grandson, know why

When Smt Shanti Devi died in 2001, her family members found out that she had written a Will which was registered on October 7, 1999. When her Will was read, the family members got to know that Devi’s grandson Mr Gahlot got all her properties and 3.11 bigha land in Nawada and other family members were excluded from her inheritance. This sparked a dispute between Gahlot and his family members who questioned this very Will and asked how could Devi exclude them all and give everything to Gahlot (grandson).

On October 17, 2010 Gahlot won the probate of Will case in Delhi High Court and thus this Will was held legally sound and proved. Keep reading to know more about Gahlot’s family and how he won the case in Delhi High Court.

Also read: Govt scraps mandatory probate of wills: Is voluntary probate still a smart move?

Why did Gahlot’s family disbelieve the Will?

Upon Devi’s death, a court petition was filed for her Will. The court sent notices to the Collector/SDM Patel Nagar to get a valuation report of the land and also to the general public inviting any objections to the Will. Responding to this notice, Gahlot’s family filed their objections challenging Devi’s (grand-mother) authority to execute a Will giving away her land to Gahlot (grandson). The family said that the Will is fabricated and forged and Devi had suffered a bad accident due to which steel rods were inserted in her legs and she used to walk with the help of a walker. It was further alleged by Gahlot’s family that, about two years before Devi’s death, she had suffered a fracture, following which she was confined to bed and her movements were restricted.

Gahlot’s family also claimed that as per Section 50 of Delhi Land Reforms Act, only male lineal descendants can get the land as inheritance. Since Devi’s husband late Mauji Ram died and Devi has five daughters, the land could not be inherited by Devi.

Gahlot’s father Mr Hargian Singh had separately filed a second court case whereby he challenged the mutation of the land in Devi’s name. Hargin Singh (Gahlot’s father) and his brothers had also filed a third court case (811/2002) challenging the title of Devi’s five daughters.

In Gahlot’s probate of Will case, he asked his mother to testify in court and she did. Gahlot’s mother told the court that she had heard of advocate J.B. Malik, one of Will's attesting witnesses, but did not know him personally. Gahlot’s mother also testified that Devi had shown the Will to family members after executing it and that, after Devi died, the Will was found in her almirah. Gahlot’s mother also denied the contention of their other family members that Devi was unable to see, hear or understand the Will’s contents.

Gahlot’s mother’s testimony helped a lot in proving the genuineness of the Will under which Gahlot benefited the most.

Also read: Making Will for succession: What is probate of a Will and how does it help in transfer of inheritance to legal heirs?

Keep reading to know more about how Gahlot won the case.

How Gahlot won the case in Delhi High Court?

Jahnavi Kohli, Head of Succession and Estate Planning Practice- ANB Legal said to ET Wealth Online: Mr Gehlot succeeded because the Delhi High Court was satisfied that the Will executed by Smt. Devi had been validly executed and proved in accordance with law. Moreover, Gehlot produced an attesting witness before the court who categorically testified that Devi had signed the Will in his presence, that its contents had been explained to her, and that the witnesses had attested the document as required.

The registration of Devi's Will was also proved through the testimony of the concerned Sub-Registrar, which gave more credibility to the genuineness of the Will.

According to Kohli, there was no convincing material to establish that the testatrix lacked mental capacity or had been subjected to coercion, fraud, or undue influence at the time of execution of the Will. The Court further reiterated that the mere fact that some legal heirs were excluded from the Will could not, by itself, constitute a suspicious circumstance because the very purpose of a Will is to allow a person to distribute property according to his or her wishes. Consequently, the Court held that the Will stood duly proved and granted probate in favour of Akash Gehlot.

Kohli says that families should ensure that any Will is executed strictly in accordance with legal requirements, including the presence of reliable attesting witnesses who can later testify, if necessary, regarding its execution.

Kohli says says even though registration of a Will is optional, families should nonetheless try to register a Will as it can reduce the chance of a dispute later on.

Kohli says: "Elderly testators should, where possible, maintain medical records or obtain certificates confirming their mental fitness at the time of execution so as to prevent later allegations of incapacity."

Kohli says that if you intend to give more of the properties or assets to any one particular legal heir then it is advisable to record the reasons for doing so in the Will itself, so that later on this does not become disputed.