In a recent ruling, the Delhi High Court highlighted the need for careful examination of wills in cases where cuttings and overwriting are present, stating that suspicion regarding the authenticity of a will arises only when substantial changes are introduced through such alterations.
Brief Facts:
The case before the Delhi High Court revolved around a plea filed by three individuals seeking the grant of probate for a will executed in 2012 by one Kanval Dhillon, an unmarried woman who passed away in 2015. The petitioners asserted themselves as the executors of the will, which had been attested by friends of the deceased. It was revealed in the plea that the petitioners informed Dhillon's sisters about the existence of the will. However, when the will was recovered, certain overwritings and cuttings were discovered, leading to the initiation of legal proceedings.
Contentions of the Parties:
The petitioners contended that the alterations in the will, including overwritings and cuttings, were not substantial and did not materially affect the bequeathals made therein. They argued that Dhillon, over time, had contemplated making modifications to her will, which unfortunately could not be executed. The changes, according to the petitioners, were minor rearrangements intended to adjust details such as the sale of properties or amendments to amounts and movables bequeathed. The petitioners maintained that these alterations were not indicative of any suspicious activity and should not discredit the authenticity of the original will.
On the other hand, the opposing parties raised concerns about the overwritings and cuttings found in the will. They argued that such alterations raised doubts about the integrity of the document and, therefore, questioned the validity of the will. The opposing parties contended that the changes introduced through overwritings and cuttings needed to be thoroughly scrutinized, and if found substantial, the High Court should reject the will.
Observations by the Court:
Justice Rekha Palli, presiding over the case, emphasized that the impact of cuttings and overwriting in a will should be assessed based on the specific facts and circumstances of each case. The court asserted that, irrespective of whether the changes comply with Section 71 of the Succession Act, which addresses modifications to wills after execution, the effect of such alterations should be thoroughly examined.
Section 71 of the Succession Act specifies that alterations made to a will after its execution are legally ineffective unless the text or meaning becomes illegible due to the alteration.
“I am of the view that the effect of such unsigned cuttings and overwriting would always depend on the facts and circumstances of each case. Only if it is found that there are substantial changes sought to be introduced to a Will by the cuttings and overwriting present on it, can it be open for the Court to conclude that the Will is suspect and has to be rejected”
The decision of the Court:
The court, while allowing the plea, noted that although Dhillon desired changes to the will, the cuttings and overwriting did not materially affect the bequeathals made in it.
Case Name: Mr. Bhupinder Singh & Ors V. State & Others
Coram: Hon’ble Mrs. Justice Rekha Palli
Case No.: TEST.CAS. 55/2015, I.A. 12483/2015 (appointment of LC.), I.A. 12484/2015 (stay), I.A. 14925/2015 (directions), I.A. 20834/2015 (Order XXXIX Rule 2-A, CPC) & I.A. 22163/2022 (directions)
Advocates of the Petitioner: Mr. Ashok Kumar Chhabra & Ms.Shefali Gupta, Advs.
Advocates of the Respondent: Mr. Amit Agrawal, Mr. Rahul Kukreja, Ms. Sana Jain, Mr. Satyajit Sarna & Ms. Reaa Mehta, Advs. for R-2 & 3.
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