Alterations in the Will Declared Void; Probate Granted in Favor of Sole Beneficiary
In a significant ruling, the Kerala High Court has affirmed the decision of the Additional District Judge, Kozhikode, to grant probate in favor of V.K. Indira, the sole beneficiary of the Will executed by the late Kunhikrishna Kurup. The judgment, delivered by Justice S. Manu, dismissed the appeal filed by P. Lakshmikutty Amma and others challenging the probate granted by the district court.
The contentious issue in the case was the alteration in the eighth line of page two of the Will, which purportedly changed the bequest from being in favor of V.K. Indira alone to all children of the testator. The appellants contended that the Will was intended to benefit all children and that the alleged alteration did not occur after execution. However, the court found that no signature or certification was present to validate the alteration as required under Section 71 of the Indian Succession Act, 1925.
Justice S. Manu emphasized that alterations made post-execution of a Will are void unless executed with the same formalities as the original document. The court noted that the absence of certification by the testator or witnesses regarding the alteration strengthened the presumption that it was made after the execution of the Will. The court also highlighted the unexplained delay in redepositing the Will, which suggested possible manipulation.
The judgment referenced several precedents, including notable English cases like Cooper v. Bockett and Greville v. Tylee, reiterating the principle that alterations in a Will must be proved to have been made before execution to be valid. The court rejected the appellants' arguments, stating that the probate court's role was to determine the genuineness and validity of the Will, including any suspicious circumstances or alterations, within the framework of the Indian Succession Act.
The court also clarified the scope of Section 295 of the Act, which allows probate proceedings to take the form of a suit but does not transform them into a regular civil suit. This ensures that the probate court's inquiry remains focused on the validity and execution of the Will rather than the rights under it.
The Kerala High Court's decision underscores the importance of adhering to legal formalities in Will execution and the limited jurisdiction of probate courts in determining validity rather than interpreting testamentary dispositions.
Bottom Line:
Indian Succession Act, 1925 - Alterations in a Will are void unless executed in the same manner as required for the execution of a Will. The probate court has jurisdiction to analyze the genuineness and validity of the Will, including alterations, within the framework of Section 71 of the Act.
Statutory provision(s):
Indian Succession Act, 1925 Sections 71, 270, 295, 299
P.Lakshmikutty Amma v. V.K.Indira, (Kerala) : Law Finder Doc id # 2882511
