He left nothing to his son. The court said: that's fair.
A Delhi man disinherited his son and daughter-in-law after years of estrangement. The High Court upheld the will, saying a parent can choose who gets what — even if it seems unfair.
Upheld.
After twenty-four years.
One estranged son.
A Delhi man disinherited his son and daughter-in-law after years of estrangement. The High Court upheld the will, saying a parent can choose who gets what — even if it seems unfair.
The father wrote a will leaving everything to one child. The other child sued, calling it unnatural. The court's response? "It's not unnatural to cut off someone who sued you."
Jaswant Lal Juneja signed his will in 2007. He left his entire estate to one son, Sanjeev Juneja. The other son, Shabad Sarup, and his wife Meenakshi Juneja, walked into a Delhi courtroom to tear it apart. They called the will suspicious, unnatural, the product of a mind clouded by paralysis. The Delhi High Court had one question: could a father disinherit a child and still be acting rationally?
When the son walked away
The fracture began in 1983 — twenty-four years before the will was written. Shabad Sarup separated from his father that year. He was self-reliant, living independently. The relationship never mended.
But it was the daughter-in-law, Meenakshi Juneja, who pushed the rift past the point of return. Her relationship with the testator (the person making the will) had "deteriorated to such an extent" that she lodged a criminal complaint against him. Jaswant Lal Juneja, an elderly man, faced a police complaint from the woman married to his estranged son.
By the time he sat down to write his will, the family was already a battlefield.
The will and the challenge
Sanjeev Juneja, the son who stayed, approached the court seeking probate (a legal order confirming that a will is valid and can be executed). He was both the propounder (the person presenting the will for approval) and the main beneficiary. The objectors — Shabad Sarup and Meenakshi Juneja — opposed it.
Their argument had two prongs. First, they claimed the testator's mental condition had been affected "due to paralysis". A man who had suffered a stroke, they suggested, could not have understood what he was signing. Second, they argued the will was "unnatural" — a parent, they implied, does not leave a child with nothing unless something is wrong.
Sanjeev Juneja countered with a simple fact: the objector Shabad Sarup himself had volunteered that the testator was "quite active right till the time of his death". The man who was supposedly too ill to make a will was, by his own son's admission, fully functional. The propounder also pointed to the family history — the separation, the criminal complaint, the decades of estrangement. The disinheritance, he argued, was not mysterious. It was explained.
The higher onus
The court acknowledged a well-established legal principle: when the person presenting a will is also the main beneficiary, and when the will's terms are challenged as unusual, a "higher onus" falls on that person. The propounder must "remove doubts that may consequently arise, by adducing clear and satisfactory evidence".
This is not a small burden. The court must be satisfied that the will represents the testator's free and genuine intention, not the result of fraud, coercion, or undue influence. When a will excludes close family members, the court's scrutiny sharpens.
But the Delhi High Court found that Sanjeev Juneja had met this burden. The evidence showed a man who was active until death, who had been estranged from one son for decades, and who had been the target of a criminal complaint from his daughter-in-law. The will did not emerge from a vacuum. It emerged from a family history that the objectors themselves had helped write.
Why the court upheld the will
The court's reasoning was direct. It examined the family history and found that the relationship of the objectors with the rest of the family was far from "cordial". Given that the son and daughter-in-law were not supportive and had strained relations, the court concluded: "it cannot be said that the denial of any share to the objectors was unnatural, improbable or unfair or a result of fraud, coercion or undue influence".
Instead, the court saw the will as "an act of a person of 'ordinary prudence' who was reluctant to give anything to the children who had not been supportive". The testator had not acted out of malice or mental incapacity. He had acted out of a rational assessment of his relationships.
The court set aside the lower court's contrary findings and granted probate. Jaswant Lal Juneja's will stood.
What this means for families and lawyers
This judgment offers a clear message: a will that excludes a child is not automatically suspicious. The context matters. When a parent has been estranged from a child, when that child has taken legal action against the parent, the decision to disinherit is not unnatural — it is a rational response to a broken relationship.
For practitioners, the case reinforces the importance of documenting family history when drafting wills. A simple note about estrangement, a record of legal disputes, a mention of separation — these details can transform a seemingly "unnatural" will into a perfectly reasonable one.
THE PLAY: When drafting a will that excludes a family member, document the reasons — estrangement, legal disputes, lack of support — in a contemporaneous note or affidavit, so the court can see the testator's rational basis.
The father left nothing to his son. The court said that was fair.