Sharwan Kumar Gupta v. Abhijit Kumar Lal

The case of Sharwan Kumar Gupta v. Abhijit Kumar Lal (2022) stands as a significant example of how a properly executed Will can ensure a smooth and legally sound succession of property. The dispute revolved around the validity of a Will executed by Sharwan Kumar Gupta, in which he bequeathed his property to his son, Abhijit Kumar Lal.

After Gupta’s death, legal heirs contested the Will, alleging irregularities and their undue exclusion. However, the Court carefully examined the execution of the Will against the provisions of Section 63 of the Indian Succession Act, 1925. This section mandates that a valid Will must be signed by the testator and attested by at least two witnesses. The Court found that the Will met all legal requirements, and no credible evidence of coercion or fraud was presented.

Importantly, the judgment reaffirmed a fundamental legal principle i.e., a testator has full discretion to distribute their property as they see fit. The fact that some heirs were excluded cannot, in itself, cast suspicion on the Will. By upholding the testator’s intentions, the Court protected the sanctity of testamentary freedom.

This case illustrates the crucial role that clear, lawful execution plays in succession planning. It underscores that when a Will is drafted and attested properly, it becomes a powerful tool to prevent familial disputes and ensure the smooth transfer of assets in accordance with the deceased’s wishes.

Source

https://indiankanoon.org/doc/49173214/?utm