Will Can Be Suspected Only When Substantial Changes Are Introduced By Cuttings And Overwriting: Delhi High Court

The Delhi High Court has observed that only where it is found that there are substantial changes sought to be introduced to a Will by cuttings and overwriting on it, it can be open for the Court to conclude that the Will is suspect and has to be rejected.

Justice Rekha Palli observed that the effect of cuttings and overwriting in a Will would always depend on the facts and circumstances of each case.

The court observed that in cases of such cuttings and overwriting in a Will, the effect has to be examined regardless of whether such changes have been carried out as per Section 71 of the Succession Act.

As per Section 71, any deletion, modification or alterations made to a Will after its execution shall not have legal effect, unless its text or meaning has become illegible or indiscernible 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 court said.

Justice Palli made the observations while dealing with a plea moved by three individuals seeking grant of probate of a Will executed in 2012 by an unmarried woman Kanval Dhillon who died in 2015. It was the petitioners’ case that they were the executors of the Will which was attested by Dhillon’s two friends.

The plea averred that the petitioners told Dhillon’s sisters about the existence of the Will. However, when the Will was recovered, some overwriting and cuttings were found in it.

Allowing the plea, the court said that while Dhillon was desirous of incorporating changes to the Will, the corrections by way of cutting and overwriting were not sweeping changes that materially affected the bequeathals made therein.

“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,” the court said.

It did not find that the side notes, cuttings and overwriting in the Will were as substantial to discredit the original Will which contained an expression of Dhillon’s final wish regarding the distribution of her assets.

“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,” Justice Palli concluded.

Accordingly, the court granted to the petitioners the Letters of Administration with respect to the Will on filing necessary Administration and Surety Bond, as well as the stamp duty.

Counsel for Petitioners: Mr.Ashok Ms.Shefali Gupta, Advs

Counsel for Respondents: Mr.Amit Agrawal, Mr.Rahul Kukreja, Ms.Sana Jain, Mr.Satyajit Sarna & Ms.Reaa Mehta, Advs. for R-2 & 3

Title: MR. BHUPINDER SINGH & ORS v. STATE & OTHERS

Citation: 2023 LiveLaw (Del) 1140

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