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37. Bhanu Datta Pathak v. Hardutta Pathak and Others
Second Appeal No. 2785 of 1980 (All)(HC)
September 8, 2026
Succession – Proof of Will – Suspicious circumstances – Allegation of undue influence – Burden of proof – Compliance with statutory requirements of attestation – Mere disinheritance of a natural heir does not invalidate a Will in the absence of cogent evidence establishing suspicious circumstances or undue influence. [Indian Succession Act, 1925, S. 63]
FACTS
The plaintiff instituted a suit seeking cancellation of a Will dated December 6, 1971, executed by Shankar Dutt Pathak in favour of defendant No. 1, and partition of his share in the property. The plaintiff contended that the property was ancestral, and that he had been excluded from the natural line of succession under the Will. He alleged that the testator was old, physically feeble and dependent upon the defendants, and that the Will had been executed under undue influence and in suspicious circumstances.
The Trial Court decreed the suit in part, cancelling the Will and granting partition of half the share in the property. The first appellate court set aside the j
