Case Note & Summary
The case involved a dispute over the validity of two Wills executed by Singa Gujaran, the father of the parties. The appellant, Dayanandi, contested a partition suit filed by Rukma, claiming that the first Will executed on 25.5.1987 was manipulated to disinherit her. The trial court found that the first Will was valid but noted alterations that disinherited Rukma. The High Court reversed this decision, ruling that the alterations were not made prior to execution and that the second Will was not valid due to the testator's ill health. The Supreme Court upheld the High Court's findings, emphasizing the lack of evidence supporting the validity of the second Will and the improper alterations in the first Will. The appeal was dismissed, and the parties were directed to bear their own costs.
Headnote
A) Succession Law - Validity of Wills - Alterations in Wills - Indian Succession Act, 1925, Sections 63, 71 - The court held that alterations made in the Will were not duly executed as per the requirements of the Act, thus invalidating the claim of the respondent for a share in the property. The High Court's finding that the alterations were made after execution was upheld, leading to the conclusion that the first Will remained effective (Paras 16-20).
Issue of Consideration
Whether the alterations in the first Will were made prior to its execution and whether the second Will was validly executed.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's ruling that the alterations in the first Will were not valid and that the second Will was executed under questionable circumstances.
Law Points
- Will execution
- alterations in wills
- testamentary capacity
- Indian Succession Act
- 1925
- Section 63
- Section 71
