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 Signature in a language which is ordinarily not used by a person does not make the will bogus, the Bombay High Court has held while validating the document.

The will in question was of Melwani, a Sindhi by birth, and was signed in Gurumukhi, her mother tongue.

According to the will dated March 20, 1991, she had bequeathed her flat in suburban Bandra to her son, Giridhari Melwani.

After her death, when Giridhari filed probate application in High Court to get the will validated, Veena, his brother’s wife, challenged it.

Veena contended that the flat had been purchased from the funds given by her late husband Chandru and the will was a bogus document, made to usurp the flat.

Veena’s lawyer pointed out that prior to the execution of the will, Giridhari would always sign in Urdu.

Two earlier ‘vakalat namas’ (letters authorising lawyers) and the flat’s nomination made by her, which bore her signatures in Urdu, was produced to prove the point.

However, Justice Roshan Dalvi said in the judgement early this month that this was not too significant, “Since Urdu is a better known language, she could have signed those papers in Urdu.”

“That would not prevent her from signing her own will in Gurumukhi,” the judge said.

 

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Comments
15 years ago Advocate Rajiv Mishra

if propounder proves the will with atleast one attesting witness according the law , there is no hurdle in grantig probate there of.


15 years ago Anil Agrawal

Is her signature in Gurumukhi genuine? Then what is the problem? Why and how can a person be bound to sign in USUAL language only?


15 years ago V. VASUDEVAN

I tend to agree with Mr. Gandhi's view points. The signature being the crux of the issue to prove if at all the will was geniuine and also it is not expected of a sane person to change his/her usual way of signature and particularly the language. Especially when somebody signs a will on her/his own volatile, would definitely ensure more care to sign. vasudevan


15 years ago MRKGANDHI

I do not intend to question the wisdom of the Bombay High Court. When a person usually signs in a particular language or manner; if there is an exception it has to be viewed with a caution and higher burden should be placed on the propounder of the will to explain and prove that the will is executed in normal circumstances. The Courts should always remember, if the will is held invalid, after all the property goes in equal share to the children and wife/husband. The courts should also caution themselves to the fact today entire society selfish and govt machinery like registrar etc are pliable; people go to any extent to grab properties.




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