LI Network
Published on: November 19, 2023 at 15:40 IST
The Delhi High Court highlighted that suspicion regarding the authenticity of a will arises only when substantial changes are introduced through cuttings and overwriting.
Justice Rekha Palli stressed that the impact of such alterations depends on the specific facts and circumstances of each case.
The court stated that, irrespective of whether the changes comply with Section 71 of the Succession Act, which addresses modifications to wills after execution, the effect of cuttings and overwriting in a will should be examined.
Section 71 stipulates 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,” stated the court.
These observations were made in response to a plea by three individuals seeking probate for a will executed in 2012 by Kanval Dhillon, an unmarried woman who passed away in 2015. The petitioners claimed to be the executors of the will, attested by Dhillon’s friends.
The court allowed the plea, noting that while Dhillon desired changes to the will, the cuttings and overwriting did not materially affect the bequeathals made in it.
“It is quite likely that with the passage of time the testatrix was contemplating making certain modifications to her Will which she could not unfortunately make. Even so, these changes she appeared to want to carry out cannot be characterized as material alterations in any event,” the court stated.
The court found that the alterations were minor rearrangements and did not depart from the essence of Dhillon’s wishes, granting the petitioners Letters of Administration with respect to the will.
Case Title: MR. BHUPINDER SINGH & ORS v. STATE & OTHERS