SC Backs Widow’s Property Rights, Rejects Nephew’s Attempt to Cut Her Out

The Supreme Court recently ruled in favour of a widow who was left out of her husband's Will, saying her exclusion raised serious doubts about whether the Will was made freely. Court rejected the nephew’s claim to the entire property and said attempts to erase the wife’s rightful place cannot be allowed.

The case involved Maya Singh, who owned over 67 kanals of land in Punjab. When he died in 1991, his wife Jagir Kaur was in possession of the land. But a year later, Maya’s nephew Gurdial Singh stepped in with a Will allegedly made by Maya just months before his death, leaving all property to the nephew.

Jagir Kaur challenged this, saying she was the lawful wife and that Maya never told her about any such Will. She also said they had adopted a son together and lived as a family until Maya passed away.

The trial court initially upheld the Will, saying it was properly executed and witnessed. The first appellate court agreed. But the Punjab and Haryana High Court later overturned both orders, saying the Will was suspicious because it didn’t even mention Jagir Kaur, who was not only Maya Singh’s wife but also living with him until his last days.

The Supreme Court also upheld the decision of the High Court. It said that leaving out the wife from the Will, without any reason, casts doubt on whether Maya Singh truly made the Will of his own free will.

Finding the Will's silence about the wife's existence unusual, court said that such silence pointed to "undue influence" by the nephew, who had even denied Jagir Kaur’s status as Maya’s wife in court, to take over the property.

"A cumulative assessment of the attending circumstances, including this unusual omission to mention the very existence of his wife in the Will, gives rise to serious doubt that the Will was executed as per the dictates of the appellant and is not the ‘free will’ of the testator," court held. 

The bench of Justices Sanjay Karol and Joymalya Bagchi said courts must look beyond paperwork when there are signs of manipulation. It noted that Jagir Kaur continued to receive Maya Singh’s pension, proving he acknowledged her as his wife.

The judgment rejected the notion that legal documents can be used to deny a woman’s rightful place and stressed that suspicious wills must be closely examined, especially when close family members are disinherited without reason.

Case Title: Gurdial Singh (Dead) Through LR Vs Jagir Kaur (Dead) And Anr Etc

Judgment Date: July 17, 2025

Bench: Justices Sanjay Karol and Joymalya Bagchi