Will Can Be Suspected Only When Substantial Changes Are Introduced By Cuttings And Overwriting: Delhi High Court
Case: MR. BHUPINDER SINGH & ORS v. STATE & OTHERS
Coram: Justice Rekha Palli
Case No.: TEST.CAS. 55/2015
Court Observation: “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,”.
“It is quite likely that with 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 cuttings and overwriting seem to be made to inter alia delete properties which had been sold after the execution of the subject Will, or readjust amounts/movables bequeathed, or record her musings as a side note,”.
“Rather, I am of the considered view that the nature of these cuttings and overwriting do not depart from the essence of the testatrix’s wishes, who clearly did not want to bequeath any portion of her estate to her sisters. These cuttings and overwriting are evidently minor rearrangements that may have been contemplated by the testatrix in the 3 years since executing her Will and do not invite any suspicion,”.
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Keywords
Will Can Be Suspected, Delhi High Court
