2008 (4) TMI 833 - SC - Indian Laws

Summary

Issues Involved
1. Validity of the Will dated 4.11.1992.
2. Execution and attestation of the Will.
3. Suspicious circumstances surrounding the Will.
4. Applicability of Sections 64, 87, and 103 of the Indian Succession Act.
5. Impact of incomplete appendices on the Will.

Detailed Analysis

1. Validity of the Will dated 4.11.1992
The primary issue was whether the Will dated 4.11.1992 was duly executed by the testatrix, Maharani Sharmishthabai Holkar, out of her free will while in a sound disposing state of mind. The High Court refused to grant probate for both Wills dated 23.08.1978 and 4.11.1992, leading to appeals.

2. Execution and Attestation of the Will
The High Court found that the Will dated 4.11.1992 was not properly executed:
- The appendices were not signed by the attesting witnesses.
- The Will remained in the custody of Anil Kak for an extended period.
- Anil Kak did not testify as a witness.
- The division of properties in Part B of the Will was unequal, raising suspicions.
- Anil Kak participated in the preparation of the Will.

3. Suspicious Circumstances Surrounding the Will
Suspicious circumstances included:
- One of the executors, Anil Kak, was closely related to the beneficiaries and took an active part in the Will's preparation.
- The Will was not disclosed to the near relatives for a long time.
- The appendices, which detailed the distribution of assets, were not present at the time of the Will's execution.

4. Applicability of Sections 64, 87, and 103 of the Indian Succession Act
- Section 64: Incorporation of papers by reference was discussed. The rule requires the document to be in existence at the time of the Will's execution, which was not the case for the appendices.
- Section 87: The testator's intention to be effectuated as far as possible. The court held that this section would not apply if the Will was incomplete without the appendices.
- Section 103: Residuary bequest, which was deemed inapplicable in this case.

5. Impact of Incomplete Appendices on the Will
The appendices were integral to the Will, specifying the distribution of assets. The High Court noted that:
- The appendices did not see the light of day when the Will was executed.
- The distribution of assets was detailed in the appendices, making the Will incomplete without them.
- The testatrix's intention could not be effectuated without the appendices.

Conclusion
The Supreme Court upheld the High Court's judgment, dismissing the appeals and concluding that the Will dated 4.11.1992 was not duly executed and was surrounded by suspicious circumstances. The appendices, which were crucial for the execution of the Will, were not present at the time of execution, rendering the Will incomplete. The court emphasized the need for a rational approach and the satisfaction of its conscience in such matters. The appeals were dismissed with costs assessed at Rs. 50,000/-.