Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 5762

IN THE HIGH COURT OF DELHI AT NEW DELHI
Rekha Palli, J.
Mr. Bhupinder Singh & Ors. - Appellants
Versus
State & Ors. - Respondents
Test.CAS. 55 of 2015, I.A. 12483 of 2015 (Appointment of LC.), I.A. 12484 of 2015 (Stay), I.A. 14925 of 2015 (Directions), I.A. 20834 of 2015 (Order XXXIX Rule 2-A, CPC) and I.A. 22163 of 2022 (Directions)
Decided On : 17-11-2023

Advocates appeared:
Mr. Ashok Kumar Chhabra, Advocate and Ms. Shefali Gupta, Advocate, for the Appellant; Mr. Amit Agrawal, Advocate, Mr. Rahul Kukreja, Advocate, Ms. Sana Jain, Advocate, Mr. Satyajit Sarna, Advocate and Ms. Reaa Mehta, Advocate, for the Respondent.

IMPORTANT POINT
The court emphasized that the exclusion of the testatrix's sisters from the Will was not suspicious and that the Will reflected her final wishes regarding the distribution of her assets. The court also highlighted the importance of disregarding minor cuttings and overwriting in a Will if they do not materially affect the bequeathals made therein.

Headnote:
Section 276 - Indian Succession Act, 1925 - 27.09.2012
Fact of the Case:
The petitioners sought grant of probate of the Will dated 27.09.2012 executed by Ms. Kanval Dhillon. The testatrix was unmarried, issueless, and resided alone in Delhi. The petitioners were executors of the Will and were childhood friends of the testatrix. The testatrix had sent a communication to the petitioners informing them about the execution of the Will and its location. The testatrix was of sound mind when she executed the Will, as confirmed by her employees and friends. The relations between the testatrix and her sisters were strained due to pending litigation. The testatrix excluded her sisters from the Will but provided for their children.
Finding of the Court:
The court found that the subject Will was validly executed in accordance with statutory provisions. The court disregarded the cuttings and overwriting in the Will as they did not materially affect the bequeathals made therein. The court concluded that the testatrix's exclusion of her sisters from the Will was not suspicious and that the Will reflected her final wishes regarding the distribution of her assets. The court allowed the petition and granted Letters of Administration with respect to the Will dated 27.09.2012.
Issues: 1. Whether the Will dated 27.09.2012 is an authentic, legal, and validly executed last and final Will of the deceased Ms. Kanval Dhillon? 2. Whether the factual mistakes, cutting, and overwriting and other suspicious circumstances can be termed as minor and be ignored?
Ratio Decidendi: The court held that the testatrix's exclusion of her sisters from the Will was not suspicious and that the Will reflected her final wishes regarding the distribution of her assets. The court disregarded the cuttings and overwriting in the Will as they did not materially affect the bequeathals made therein.
Final Decision: The testamentary case was allowed, and the petitioners were granted Letters of Administration with respect to the Will annexed dated 27.09.2012 of late Ms. Kanval Dhillon.

JUDGMENT

Rekha Palli, J. - The present petition has been filed under Section 276 of the Indian Succession Act, 1925 seeking grant of probate of the Will dated 27.09.2012 executed by late Ms. Kanval Dhillon.

2. On 05.06.2015, the three Petitioners, Mr. Bhupinder Singh, Mr. Jaywant Singh and Mrs. Renu Dhindsa filed the present petition stating that Ms Kanval Dhillon (hereinafter referred to as the testatrix), who was unmarried, issueless and permanently residing in Delhi, had passed away on 03.05.2015. It was averred that they were executors of a Will dated 27.09.2012 executed by the testatrix and attested by her friends, Ms. Seema Bansal and Ms. Geetanjali J. Singh. They arrayed two private respondents in this petition, Mrs. Kiran Patki (Respondent No.2) and Ms. Komal Dhillon (Respondent No. 3), sisters of the testatrix.

3. It is the petitioners case that after the testatrix passed away on 03.05.2015, they informed Respondents Nos. 2 and 3 about the existence of her Will. The petitioners told them that the testatrix had informed them of her Will dated 27.09.2012 (hereinafter referred to as the subject Will) being kept in a locker in her room in her residence at W-146, Greater Kailash-I, New Delhi. With the permission of these respondents and in their presence, the locker containing the Will was opened and the subject Will was recovered. This Will was found to have some overwriting and cuttings in it. It was read out and explained to Respondent Nos. 2 and 3. They asked for photocopies of the subject Will, which were made by the driver of Respondent No. 3 at a nearby market. Copies of the Will were then given to the contesting respondents. Since the subject Will stated to be executed by the testatrix contains overwriting, photographs of the same are being reproduced hereinbelow:-

WILL

(vii) The entire property (land and building) bearing No. D-593, Chittaranjan Park, New Delhi.

(viii) The basement and terrace (with terrace rights and one servant-quarter and toilet on the said terrace), of property bearing no. D-674, Chittaranjan Park, New Delhi.

(ix) Residential Flat No. 504- Tower 3 in Unitech "Habitat", Greater Noida (covered area approx. 2096 sq. ft.).

Movable Property

(x) Monies in banks and deposits, units of Mutual Funds, Bonds, Shares and Securities, benefits on the Life Insurance policies, personal and household effects. An indicative list of mutual fund investments as on September 25, 2012 is annexed hereto as Annexure B-2.

4. Upon my death, and as a first step, the Committee shall convert my entire said Remaining Estate into cash and in doing so:

(a) As soon as possible after my death, the Committee shall make an assessment of my personal liabilities towards taxes, statutory dues and such like as well as of professional and administrative charges, reimbursable expenses, (including payment to be made to the Committee members as indicated in Para 1(b) above), likely to be incurred in the conversion and distribution and interim maintenance of the said Remaining Estate in accordance with the following paras of this Will, and a sum equivalent to such estimate should be kept aside from my available cash/liquid assets till all liability is discharged and assets distributed in terms hereof (hereinafter referred to as the "Contingency Fund").

12 months from the date of my death should be spent to obtain vacant possession, failing which the property should be sold with the sitting tenant.

(d) All mutual funds, fixed deposits, bonds, securities etc. should be redeemed and/or sold or encashed.

5. I give and bequeath the cash generated from conversions in para 4 above together with the balance remaining, if any, in the Contingency Fund, and notwithstanding any nomination made by me while depositing/investing any money, to persons and for amounts listed against each in Annexure C, absolutely and forever. If any beneficiary in Annexure 'C is not alive to receive the bequest at the relevant time, or if a bequest fails for any reason specified in thi