Division Bench Upholds Single Judge's Decision on Suspicious Circumstances Surrounding Mother's Will
In a significant ruling, the Bombay High Court has dismissed an appeal by Myra Philomena Collaco, who sought Letters of Administration with the Will of her deceased mother, Mrs. Maria Francisca Coelho. The decision by the Division Bench, comprising Justices M.S. Sonak and Advait M. Sethna, comes after the Supreme Court remanded the case for fresh consideration, focusing on the alleged suspicious circumstances surrounding the Will.
The protracted legal battle centers around two conflicting Wills from the deceased parents of the appellant, Myra Philomena Collaco. The dispute arose when Mrs. Maria Coelho bequeathed property, initially covered under her late husband Sonny Coelho's Will, to Myra and two other children, excluding two sons, Victor and Neville.
The Single Judge had previously dismissed Myra's Testamentary Suit, citing suspicious circumstances, including the cryptic nature of the Will, Myra's involvement in its execution, and the exclusion of two sons without explanation. Although Myra's appeal to the Division Bench initially succeeded, the Supreme Court found the decision lacked depth in addressing the suspicious circumstances and remanded the case for further scrutiny.
After a thorough examination, the Division Bench found the Will lacked specific property details, raising doubts about its certainty under Section 89 of the Indian Succession Act. The Bench also noted that Myra did not dispel the suspicious circumstances as required, especially given her significant involvement in the Will's execution and her absence from the witness stand to testify.
The court emphasized the legal principle that a Will's propounder must remove any suspicion to the court's satisfaction. In this case, Myra's failure to do so led to the dismissal of her appeal. The court's decision underscores the importance of clarity and completeness in testamentary documents to avoid protracted family disputes and ensure justice.
Bottom Line:
Testamentary matters - Suspicious circumstances surrounding a Will can invalidate its authenticity and prevent the grant of Letters of Administration if they are not satisfactorily dispelled by the propounder of the Will.
Statutory provision(s):
Indian Succession Act, 1925 - Sections 89, 180, 81;
Indian Evidence Act, 1872 - Sections 68, 106, 114
Myra Philomena Collaco v. Lilian Coelho, (Bombay)(DB) : Law Finder Doc Id # 2831979
