Bombay HC Upholds Will Excluding Wife, Sons, Says 'Physical Illness By Itself Does Not Establish' Lack Of Mental Capacity
Mumbai: The Bombay High Court has upheld a 2004 Will under which a man suffering from advanced prostate cancer left his estate to his nephew, excluding his wife and two sons, holding that physical illness by itself does not establish that a person lacked the mental capacity to make a Will. Justice Arif Doctor decreed a Testamentary Suit and directed the Prothonotary and Senior Master to issue…
Mumbai's Bombay High Court has maintained the validity of a 2004 Will that granted a man's estate to his nephew, while excluding his wife and two sons, stating that physical illness alone does not prove a person lacked mental capacity to create a Will. Justice Arif Doctor issued a Testamentary Suit, directing probate of the Will dated November 30, 2004, in favor of Rajkumar Assudomal Gurbani, the deceased's nephew and sole executor.
Gulab Hukumatrai Gurbani, the deceased, passed away on April 16, 2005, leaving behind his wife and two sons, Vijay and Ram. The sons contested the probate, alleging forged signatures on the Will due to their father's advanced prostate cancer, paralysis, and chemotherapy treatment. However, the court found the evidence of two witnesses convincing, who testified that Gurbani read the Will, understood its contents, and signed it voluntarily in their presence.
The court upheld the Will, distinguishing between physical incapacity and testamentary incapacity, and rejecting the sons' challenge based on Gurbani's health. The court also noted that the sons had not properly pleaded allegations of coercion, unsoundness of mind, or lack of testamentary capacity in their caveat, and that the handwriting expert's evidence did not demonstrate forgery.
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