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Challenge to grant of probate of a Will based on alleged suspicious circumstances and unnatural disinheritance. Analysis: The case involved a challenge to the grant of probate of a Will by the Division Bench of the High Court of Kerala. The Will in question was alleged to have been jointly executed by two individuals, one of whom had passed away shortly after the execution of the Will. The trial court and the High Court both concluded that the Will was proved and not surrounded by any suspicious circumstances, thus granting probate. The Appellants contended that the Will contained legacies that were prima facie unnatural, specifically highlighting the total disinheritance of the wife of one of the co-testators. However, the High Court noted that the testator was dealing with Tavazhi properties, and if properties were given to the spouse, they would ultimately go to family members who were strangers to her husband. The court found that since the wife had been living with her husband and was capable of taking care of herself out of her own properties, there was no necessity to make provisions for her in the Will. Regarding the disinheritance of the husband of the other co-testator suffering from cancer, the High Court observed that there was no evidence to suggest that the testator was not in a sound disposing state of mind at the time of executing the Will. The husband had not raised any grievance or objection during the probate proceedings, and the absence of any challenge regarding the alleged disinheritance further supported the conclusion that the Will was not executed under suspicious circumstances. Ultimately, the Supreme Court upheld the decisions of the lower courts, stating that there was no interference warranted under Article 136 of the Constitution of India. The Court found that the Will was not unnatural or executed under any suspicious circumstances, dismissing the Civil Appeal with no order as to costs.
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