Altered Will holds only if signed by testator: SC

Alterations made in the Will made by a person has no legal sanctity unless the corrections are executed in the same manner as was done in the case of the original document, the Supreme Court has ruled.

Last Updated: Nov 02, 2011, 19:40 PM IST

New Delhi: Alterations made in the Will made
by a person has no legal sanctity unless the corrections are
executed in the same manner as was done in the case of the
original document, the Supreme Court has ruled.

A bench of justices G S Singhvi and Ashok Kumar Ganguly
said those claiming benefits under an altered Will must prove
with convincing evidence that the testator (a person who makes
a Will) did make such alterations to the original Will in
conformity with the rules governing the Indian Succession Act.

"The plain language of Section 71 makes it clear that any
alteration made in an unprivileged Will after its execution
has no effect unless such alteration has been executed in the
same manner in which the Will is executed," Justice Singhvi,
writing the judgement, said.

The apex court passed the ruling while dismissing the
appeal of Dayanandi who claimed her deceased father Singa
Gujaran had disinherited her sister Rukma D Suvarna through an
altered Will after initially allotting her a share in the
family`s property.

PTI