Supreme Court Precedents: Wills vs. Coparcenary Rights

Supreme Court Precedents: Wills vs. Coparcenary Rights

 

Daughters’ equal rights upheld in Vineeta Sharma

 

Partition remains lawful route for transfer

 

By Vishwas Kumar

New Delhi: May 11, 2026:

The Supreme Court has repeatedly clarified that Wills cannot override statutory rights in coparcenary property. Instead, lawful transfer must occur through partition, family settlement, or relinquishment. Key precedents like Vineeta Sharma v. Rakesh Sharma (2020) and Malleeswari v. K. Suguna (2025) cemented daughters’ equal coparcenary rights and restricted testamentary powers over joint family property.

 

Readers looking to understand the evolving legal principles governing testamentary succession, probate disputes, suspicious circumstances in Will execution, and inheritance rights should explore this detailed compilation of 123 Supreme Court Judgments on Wills. The collection highlights landmark rulings explaining proof of Will, attestation requirements, executor duties, and judicial interpretation of testamentary documents under Indian succession law.

 

1. Vineeta Sharma v. Rakesh Sharma (2020)

• Key Point: Daughters are coparceners by birth, with equal rights in ancestral property.
• Clarification: Their rights are not dependent on whether the father was alive when the 2005 amendment came into force.
• Impact: Unified interpretation of daughters’ rights, overruling earlier conflicting judgments (Prakash v. Phulavati and Danamma v. Amar).
• Law Point: Testamentary succession (Will) cannot deprive daughters of statutory coparcenary rights. Court Kutchehry

 

2. Prakash v. Phulavati (2016) & Danamma v. Amar (2018)

• Prakash v. Phulavati: Initially held daughters could claim rights only if father was alive on 9 September 2005.
• Danamma v. Amar: Contradicted this by granting daughters rights even though father had died before 2005.
• Resolution: Vineeta Sharma (2020) settled the conflict, confirming daughters’ rights by birth. Court Kutchehry

 

3. Govindbhai Chhotabhai Patel v. Patel Ramanbhai Mathurbhai (2019)

• Key Point: Property inherited through a Will or gift is treated as self-acquired, not ancestral.
• Law Point: A Will can validly transfer self-acquired property, but not undivided coparcenary property. Court Kutchehry

 

4. Malleeswari v. K. Suguna (2025)

• Key Point: Supreme Court restored daughter’s coparcenary rights under the Hindu Succession (Amendment) Act, 2005.
• Clarification: Even in partition suits with preliminary decrees, daughters’ rights must be recognized.
• Law Point: Reinforced that statutory coparcenary rights cannot be curtailed by testamentary instruments.

 

5. Section 6 of Hindu Succession Act – Judicial Evolution

• Pre-2005: Only male members had coparcenary rights.
• Post-2005 Amendment: Daughters became coparceners by birth, equal to sons.
• Judicial Role: Supreme Court rulings ensured gender equality and clarified that Wills cannot override these statutory rights.

 

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General Draft of Last Will and Testament executed by a Husband in favour of his Wife to the exclusion of all other legal heirs.

 

LAST WILL AND TESTAMENT

 

This Last Will and Testament is executed at ___________, on this ___ day of ________, 20, by me namely Mr. [Full Name], aged approximately ___ years, (holder of Aadhaar No._____/PAN No.____/Passport No. ____________, issued on ____________ at ____________), son of Mr. [Father’s Full Name], presently residing at [Full Residential Address], hereinafter referred to as the “Testator”, which expression shall, unless repugnant to the context, include my legal representatives.

 

1.         That since life is inherently uncertain, I, the Testator, consider it prudent and necessary to execute this Last Will and Testament of mine (hereinafter referred to as the “Will”).

 

2.         I hereby revoke, cancel, and annul all my previous Wills, codicils, and any other testamentary dispositions executed by me, if any, concerning all my movable and immovable properties mentioned therein. I further declare that this Will shall be my sole, valid, and binding Last Will and Testament.

 

3.         I am lawfully married to Mrs. [Wife’s Full Name], aged approximately ___ years, (holder of Aadhaar No.___/PAN No./Passport No. ____________, issued on ____________ at ____________), and currently residing at [Residential Address].

4.         I declare that I am the absolute and exclusive owner of various movable and immovable properties, which are all self-acquired and solely owned by me (hereinafter collectively referred to as the “Said Properties”). These include but are not limited to:

—        Residential House

—        Residential Plot(s)

—        Office/Commercial Space(s)

—        Shop(s)

—        Apartments

—        Industrial/Commercial Property(ies)

—        Agricultural Land(s)

—        Equity Share(s)/Security(ies)/Mutual Fund(s)

—        Bank Account(s)

—        Fixed Deposit(s)

—        Other movable assets such as Vehicle(s), Jewellery, Artwork(s), Painting(s), Royalty(ies), and others

(Delete whichever is not applicable)

 

5.         I declare and Will as under:

(i).        That considering the uncertainties of life and in full exercise of my testamentary freedom and capacity, I hereby declare that immediately upon my demise, the Said Properties shall stand transferred and shall devolve upon absolutely, exclusively, and unconditionally to my wife, Mrs. [Wife’s Full Name], to the complete exclusion of all my other legal heirs and/or claimants.

(ii).       That in the unfortunate event that my wife named above predeceases me, I direct that all such properties shall devolve equally and in equal shares upon and be inherited by the legal heirs of my wife, to the exclusion of my other legal heirs and/or claimants.

 

6.         I further declare that any movable or immovable properties which may be acquired by me or to which I may become entitled after the execution of this Will, and which continue to exist at the time of my demise, shall also vest absolutely and shall devolve upon my wife named above, to the exclusion of all my other legal heirs and/or claimants. In the event my wife predeceases me, such after-acquired properties shall devolve equally and in equal shares upon the legal heirs of my wife alone.

 

7(i).      I hereby nominate and appoint Mr./Ms./Mrs. [Full Name], S/o, D/o, W/o Mr. [Name], (holder of Aadhaar No._/PAN No./Passport No. _____, issued on _____ at ____), resident of ___________, OR Mr./Ms./Mrs. [Full Name], S/o, D/o, W/o Mr. [Name], (holder of Aadhaar No./PAN No./Passport No. ____________, issued on ____________ at ____________), resident of ____________________, as the Executor/Executrix of this Will.

(ii).       I further declare that the Executor/Executrix shall be fully authorized to administer and manage the Said Properties and to obtain probate, if necessary, without furnishing any security. The Executor/Executrix shall also have the discretion to appoint a substitute Executor/Executrix, if deemed necessary.

 

8.         I finally declare and affirm as under:

(i).        That this Will is my final and binding testamentary instrument and governs all my movable and immovable properties.

(ii).       That I am executing this Will voluntarily and of my own free will and volition, without any coercion, force, fraud, undue influence, or inducement from any person or entity.

(iii).      That I am of sound mind, memory, and in a fit mental and physical condition.

(iv).     That I am capable of understanding the implications and legal effect of this Will.

(v).      That the contents of this Will have been read over and explained to me in a language I understand, and I fully understand and approve the same.

(vi).     That I have affixed my signature/thumb impression on this Will in full knowledge and awareness.

 

9.         IN WITNESS WHEREOF, I, the Testator, have set my hand and subscribed to this Last Will and Testament at _____________ on this ___ day of _________, 20, in the presence of the undersigned witnesses who have attested this Will in my presence and in the presence of each other.

 

Affix Photograph of Testator

                       

 

 

 

 

 

XXX

(Signature/Thumb Impression separately at XXX and also separately partly across the photograph and partly on paper)

Testator: _________________________

 

10.       We, the undersigned, do hereby affirm that the Testator executed this Will in our joint presence and that the Testator appeared to be of sound mind and understanding, and that he signed this Will willingly and without any duress. We in turn sign the said Will in the presence of the Testator and in the presence of each other.

 

1.         Name: _________________________

S/W/D/o: _____________________

Aadhaar No ___________