Unexplained Suspicious Circumstances & Wrong Thumb Impression Fatal to Will: Punjab & Haryana High Court Sets Aside Concurrent Findings
Case Name: Piar Kaur (Deceased) through LRs v. Kartar Kaur (Deceased) through LRs
Date of Judgment: 17 April 2026
Citation: RSA-1125 of 1997
Bench: Justice Deepak Gupta
Held: The Punjab & Haryana High Court held that a Will surrounded by unexplained suspicious circumstances, including contradictions in evidence, unnatural conduct, and mismatch in thumb impressions, cannot be said to be duly proved. The propounder bears a heavy burden to dispel such suspicion, failing which the Will must be rejected.
Summary: The dispute arose between two sisters over inheritance of agricultural land owned by their mother, Smt. Labh Kaur. The plaintiff claimed exclusive ownership on the basis of an unregistered Will dated 30.03.1982, allegedly executed in her favour.
The Trial Court as well as the First Appellate Court accepted the Will as duly proved, relying on the testimony of attesting witnesses and the scribe, and decreed the suit in favour of the plaintiff.
Before the High Court, the defendant challenged the findings by pointing out multiple suspicious circumstances surrounding the execution of the Will. These included the advanced age of the testatrix, execution of the Will at a distant place without explanation, non-registration despite availability of facilities, and unnatural conduct regarding discovery of the Will.
The Court noted significant contradictions between the statements of the plaintiff and her husband regarding when and how the Will was discovered. The plaintiff claimed to have found it after one year among discarded papers, whereas her husband stated it was discovered within days.
Another critical factor was the plaintiff’s failure to act upon the Will by seeking mutation, while the defendant secured mutation in favour of both sisters. This conduct was found inconsistent with the existence of a genuine Will.
Most importantly, the Court emphasized the contradiction regarding thumb impressions. While witnesses deposed that the testatrix affixed her right thumb impression, expert evidence revealed that the Will bore left thumb impressions. This unexplained inconsistency was held to strike at the root of the document’s authenticity.
The Court reiterated that in cases involving suspicious circumstances, the burden on the propounder is significantly higher, requiring clear and convincing evidence to satisfy the judicial conscience.
Decision: The High Court allowed the appeal, set aside the concurrent findings of the courts below, and dismissed the suit. It held that the Will was not proved in accordance with law and that both daughters were entitled to inherit the estate in equal shares through natural succession.