Probate was granted by the District Court in respect of two last Wills and Testaments, one by the father wherein he bequeathed the properties in favour of his two sons and his grandchildren. The daughter was not allotted any property under his Will, but the Will contained reasons and the second by the mother wherein she bequeathed the properties in favour of her two sons. The daughter was not given any share even under her Will. On the ground that she had already been provided sufficiently. Daughter and another son of both the Deceased contested both the Probate. After hearing both the parties District Court granted probates of father and mother. Aggrieved by the order of District Court both son and daughter filed Appeal in High Court wherein High Court set aside the order of the District Court.

The Supreme Court while setting aside the High Court order stated, “The exclusion of one of the natural heirs from the bequest, cannot by itself be a ground to hold that there are suspicious circumstances. In the matter of appreciating the genuineness of execution of Will, there is no place for the court to see whether the distribution made by the testator was fair and equitable to all of his children. The Court does not apply Article 14 to dispositions under a Will.”