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Delhi High Court Upholds Unregistered 2008 Will as Valid Despite Forgery Allegations and Prior Registered Will, Confirms “Subsequent Will Prevails in Probate Proceedings”

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Court’s Decision

The Delhi High Court dismissed the appeal filed against the order of the Trial Court granting Letters of Administration based on an unregistered Will dated 07 January 2008. The Court held that the 2008 Will was duly executed and attested in accordance with Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872. The Court found no suspicious circumstances surrounding the Will’s execution and affirmed that the subsequent Will would prevail over an earlier registered Will dated 19 February 2002. It ruled:
“The 2008 Will has been proved in accordance with the law and the requirements of Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872 have been satisfactorily fulfilled.”


Facts

The dispute pertained to a property located in Ashok Nagar, New Delhi, measuring approximately 100 square yards and inherited by the Testator from his father. The Testator passed away in 2008. The appellant, his younger son, challenged the Letters of Administration granted in favour of his elder brother (Respondent No. 2) based on an unregistered 2008 Will. According to this Will, the ground floor portion was bequeathed to the appellant and the first floor along with a shop to the respondent. The appellant relied on a prior registered Will from 2002, which allegedly bequeathed the ground floor jointly to him and their mother.

Before the filing of the Probate Petition in 2016, various legal heirs, including the mother and sisters, had executed registered relinquishment deeds in favour of the appellant. The appellant also filed a civil suit in 2015 asserting ownership based on the 2002 Will, which was dismissed in 2019.


Issues

  1. Whether the 2008 Will was duly executed and valid under law.
  2. Whether the delay of 8 years in propounding the Will cast doubt on its genuineness.
  3. Whether the earlier 2002 registered Will invalidated the subsequent 2008 Will.
  4. Whether the Trial Court erred in disregarding the handwriting expert’s report.

Petitioner’s Arguments

The appellant contended that the 2008 Will was forged, fabricated, and introduced by the respondent eight years after the Testator’s death. He argued the Will was suspicious due to:

He also pointed to a public notice from 1998 wherein the Testator allegedly disowned Respondent No. 2, further asserting that the Will’s emergence was an afterthought.


Respondent’s Arguments

The respondent countered that:


Analysis of the Law

The Court reiterated that testamentary proceedings are proceedings in rem and the Probate Court’s jurisdiction is limited to:

Relying on established precedents including Kanwarjit Singh Dhillon v. Hardayal Singh Dhillon and Krishna Kumar Birla v. Rajendra Singh Lodha, the Court emphasized that its role was confined to verifying the genuineness and legal execution of the Will.


Precedent Analysis

The Court applied Suraj Lamp to hold that the 2002 Will and accompanying documents (GPA, Agreement to Sell) could not constitute legal transfer of property.


Court’s Reasoning

The Court upheld the Trial Court’s reasoning and findings, including:


Conclusion

The Delhi High Court found no infirmity in the Trial Court’s order granting Letters of Administration based on the 2008 Will. All objections raised by the appellant were rejected. The Court concluded:
“There is no infirmity with the Impugned Order and, accordingly, the present Appeal is dismissed.”


Implications


FAQs

1. Can an unregistered Will override a registered Will under Indian law?
Yes. A subsequent Will, even if unregistered, overrides an earlier registered Will if it is proved to be the valid last testament of the Testator.

2. Is delay in producing a Will a valid ground to reject it?
No. Delay alone does not render a Will suspicious. If the Will’s execution and attestation are proved, delay can be justified based on surrounding circumstances.

3. Can handwriting expert opinion be disregarded if based on photocopies?
Yes. Expert opinion loses probative value if the comparison is made using photocopies rather than originals.

Also Read: Kerala High Court- “Once advance authorisation is granted and not cancelled, Customs authorities cannot deny exemption merely on nomenclature disputes.” 

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