Wife Not Named in Will? Court Finds It Suspicious

Supreme Court said that just because a Will is registered doesn’t mean it’s valid — especially if a man doesn’t mention his wife in it. The Court found the Will suspicious because Maya Singh didn’t write why he left out his wife. So, the land went to the wife, not the nephew. This case shows how courts need clear reasons from men, even after their death.

Brief Facts of the Case

• Maya Singh owned farming land.
• He made a Will in 1991 giving the land to his nephew Gurdial Singh.
• Maya Singh passed away the same year.
• His wife, Jagir Kaur, went to court, saying she was wrongly left out.
• Gurdial Singh said Maya Singh gave him the land out of love and care, and that the wife got money and pension.
• Lower courts agreed with Gurdial Singh. But High Court disagreed and gave the land to Jagir Kaur.
• Supreme Court upheld the High Court’s decision.

Legal Provisions Used

• Succession Act, Section 63 – How a Will should be written and signed.
• Evidence Act, Section 68 – How to prove a Will in court.

Arguments of Both Sides

Gurdial Singh (Nephew):

• Will was properly registered and signed.
• Two witnesses clearly confirmed it was written freely.
• Maya Singh gave his wife money and pension, so she was not ignored completely.
• Just because her name was not written doesn’t make the Will false.

Jagir Kaur (Wife):

• She lived with Maya Singh until his death.
• There was no fight or bad relation.
• Will does not mention her at all – not even a reason for excluding her.
• Nephew tried to cut her out completely — even denied she was the wife.

What Court Said

• A Will must be free and without pressure.
• If someone close like a wife is not mentioned, then reason should be written.
• Maya Singh didn’t write why he left out his wife. This is suspicious.
• No proof of bad relations between Maya Singh and his wife.
• Just registering the Will is not enough if doubts are there.
• Nephew’s version looked like he influenced the Will to remove the wife.
• So, Will was not accepted by the court.

Conclusion of Judgment

The Court dismissed Gurdial Singh’s appeal. It stated that the Will was not made with a free mind and seemed to be influenced. Therefore, the land will not go to the nephew but to the wife.

 Comments from the author of this website

This case clearly shows how courts don’t fully trust a man’s decision in his own Will — even if it is properly registered and witnessed.

1. If a man decides to give his property to someone who cared for him, instead of his legal heirs, he now has to explain everything in writing — even why he didn’t name his wife.
2. Courts are quick to question his mental state or intentions, even without any proof of pressure or cheating.
3. Even worse, in this case, the man was not alive to explain anything, but still his choice was declared invalid — only because he didn’t write one sentence about his wife.

This sets a dangerous example for all men. If a man chooses to pass his property to someone based on personal love, care or support — and not just by blood or marriage — courts may assume something is wrong.

The burden of proof becomes heavy only on men, even after they die. It’s like his Will is not his own unless approved by the court’s idea of “normal” family thinking.

Final Thoughts

The judgment might be legally sound, but it raises a big issue: How much freedom does a man really have in writing his own Will?

Do courts protect rights equally, or do they believe that a man’s last wish needs to be doubted — especially when a wife or relative is left out?

Men must now be extra careful in documenting their reasons, else their final decisions may be overturned after they are gone.
This isn’t just a legal issue — it’s a matter of respecting a man’s voice, even after death.

Read Complete Judgement Here