Validity Of Will Depends On Substantial Changes, Cuttings And Overwriting, Delhi HC Holds
Justice Palli, addressing a case involving a 2012 Will of Kanval Dhillon, stated that the effect of unsigned cuttings relies on the circumstances
The Delhi High Court emphasised that the validity of a Will depends on whether substantial changes, indicated by cuttings and overwriting, are present. Justice Rekha Palli noted that the impact of such alterations varies in each case. The court clarified that, irrespective of adherence to Section 71 of the Succession Act, changes to a Will must be assessed. Section 71 specifies that modifications post-execution lack legal effect unless the text becomes illegible.
Justice Palli, addressing a case involving a 2012 Will of Kanval Dhillon, stated that the effect of unsigned cuttings relies on the circumstances.
The court ruled in favor of the petitioners, acknowledging Dhillon's intention for modifications. The observed cuttings and overwriting were deemed minor rearrangements, not discrediting Dhillon's original wishes. Consequently, the court granted Letters of Administration to the petitioners for the Will, considering it valid despite the noted alterations.
