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Will Can Be Suspected Only When Substantial Cha...

2023-11-20T02:54:55
Adv Dhananjay Pandey
Will Can Be Suspected Only When Substantial Cha...

Will Can Be Suspected Only When Substantial Changes Are Introduced By Cutting And Overwriting The case was of a dispute between two brothers regarding inheritance of property. The plaintiff claimed that his father's will, which was in favor of the defendant, was forged and tampered with. The defendant denied the allegations and claimed that the will was genuine and was executed by his father in a state of sound and unsound mind. The Delhi High Court, after examining the evidence and testimony of witnesses, held that the will was valid and dismissed the plaintiff's suit. The court held that the mere presence of cuttings and overwritings in a will does not make it suspicious, as long as they do not substantially alter the disposition of the property or the identity of the beneficiaries. The court also said that the plaintiff failed to prove that his father's signature on the will was not his own or that he was forced or influenced by the defendant to execute the will. The Court in H. Venkatachala Iyengar vs. B.N. As such relied upon the principles laid down by the Supreme Court in various cases. To determine the genuineness and validity of the will, Thimmajamma and others, Jaswant Kaur vs. Amrit Kaur and others, and Pentakota Satyanarayana vs. Pentakota Sitaratnam and others. The court also referred to the Delhi High Court Rules Governing Patent Suits, 2022, which provide guidelines and procedures for dealing with patent suits and other intellectual property matters in the Delhi High Court. The court said that the purpose of these rules is to ensure speedy and effective disposal of IP cases.

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