admissibility of spoilled original will
vinda a. kawatkar
(Querist) 23 May 2016
This query is : Resolved
A "will" handwritten in yr 2000, signed by deceased & duly attested by [2]witnesses has been spoiled in a sense ink flayed on some paper accidently . The handwritten text, signatures etc are visible/readable . can this accidental act prevent "will" being probated / 'wiil' rendered invalid ?
Deceased died in 2015.
Kumar Doab
(Expert) 23 May 2016
Are the witnesses alive?
P. Venu
(Expert) 24 May 2016
This si a question of fact which the court alone can answer.
Kumar Doab
(Expert) 24 May 2016
You have posted that:
"The handwritten text, signatures etc are visible/readable ."
''It is well settled proposition of law that mode of proving the will does not differ from that of proving any other document except as to the special requirement of attestation prescribed in the case of a will by Section 63 of the Indian Succession Act, 1925. The onus to prove the will is on the propounder and in the absence of suspicious circumstances surrounding the execution of the will, proof of testamentary capacity and proof of the signature of the testator, as required by law, need be sufficient to discharge the onus. Where there are suspicious circumstances, the onus would again be on the propounder to explain them to the satisfaction of the court before the will can be accepted as genuine. Proof in either case cannot be mathematically precise and certain and should be one of satisfaction of a prudent mind in such matters. In case the person contesting the will alleges undue influence, fraud or coercion, the onus will be on him to prove the same. As to what are suspicious circumstances have to be judged in the facts and circumstances of each particular case.
Rajendra K Goyal
(Expert) 24 May 2016
The court may accept if it it is proved that the contents are proved beyond doubt and the deface is accidental.
T. Kalaiselvan, Advocate
(Expert) 28 May 2016
Expert Mr. Kumar Doab has explained the position of law in this regard convincingly, you can proceed as per the advise and provisions of law.
