Mother Cannot Distinguish or make partiality among Children Without Serious cause:Says SC

In the case,Kavita Kanwar vs Pamela Mehta,a special leave petition was directed against the judgement made by high court of Delhi.The petition has been submitted with a prayer for granting of probate in relation to the Will dated 20.05.2003, said to have been executed by the mother of the contesting parties.

The Supreme Court However while considering the matter,identified it as a mere greed driven attempt by the Youngest Daughter to take over the house and deny the share of it to her elder sister and Brother.

The matter was considered by a bench of Honourable Justices A M Khanwilkar and Dinesh Maheshwari.While hearing the arguments,the bench said that an unjust distribution of shares among her children is possible when there is sufficient reasons for the mother to do so.Ill treatment or Bitter relation may be taken in Consideration.In absence of such matters,Court cannot agree with the unjust distribution of shares among her Children.

While reading out the 96 page judgement,they said that, “The appellant (youngest daughter) has suggested that the parents had a special affection towards her. Even if this suggestion is taken on its face value, it is difficult to assume that the alleged special affection towards one child should necessarily correspond to repugnance towards the other children by the same mother.”

Supreme Court Said that,”In the ordinary and natural course, a person could be expected to be more inclined towards the child taking his/her care; and it would be too unrealistic to assume that special love and affection towards one, maybe blue-eyed, the child would also result in a person leaving the serving and needy child in lurch.

Honourable Justice Maheshwari while writing the judgement held that,”Even if the parents had special liking and affection towards the appellant, as could be argued with reference to the gift made by the father in her favour of the ground floor of the property in question, it would be too far stretched and unnatural to assume that by the reason of such special affection towards appellant, the mother drifted far away from the other children, including the widowed daughter who was residing on the upper floor of the same house and who was taking her care.”

After hearing the contentions,the bench dismissed the matter and directed her that the property will be fairly divided among her siblings.