Introduction
An ongoing matter in the Delhi High Court has brought to the forefront, once again, the intricacies surrounding testamentary succession. The high profile case revolves around the will of Sunjay Kapoor’s (Karishma Kapoor’s husband) which has been challenged due to certain errors and discrepancies. This warrants a deeper discussion with regards to the law surrounding succession in India.
Succession and Its Governing Laws
Succession is of two types – Testamentary and intestate. Intestate succession refers to succession that takes place in the event of property not being disposed off through a valid last will or testament. On the other hand, testamentary succession occurs when disposition of property occurs through a valid will left by the testator.
Intestate succession is governed by various personal laws, including Hindu Succession Act, 1956 for Hindus, Muslim Personal Law (Shariat) Application Act, 1937 for Muslims and the Indian Succession Act, 1925 for Christians, Jews and Parsis.
Testamentary succession is governed under Part VI of The Indian Succession Act, 1925. Further, Section 30 of the Hindu Succession Act, 1956 provides that a Hindu can dispose off his property through a valid will.
Succession Through A Will
A will is defined under Section 2(h) of the Indian Succession Act, 1925 as a legal declaration of the intent of a testator with regards to his property which he desires to be carried into effect after his death.
For a will to be valid, it is to be made by a person who is of sound mind and of the age of majority. (above 18 years according to the Indian Majority Act) Furthermore, a will which is obtained by fraud, coercion or importunity (persistence to the point of annoyance) which takes away the free will of the person making the will, is void according to Section 61 of the Indian Succession Act, 1925.
There is no legal requirement or prescribed format for a will and does not require any procedures. However, it must be appropriately witnessed by atleast 2 witnesses. The registration of a will is not necessary either as held in Madhukar v. Tarabai.
Issue In The Present Case
In the case of Sunjay Kumar’s will, the argument by the plaintiff, who are contesting the validity of the will, is that the pronoun used in the will is ‘her’ and thus could not have been signed by the deceased in a state of sound mind. This raises questions with regards to what can invalidate a will?
Reasons For A Will To Be Declared Void
As seen earlier, a will can be declared void by the court if it is obtained through fraudulent means, coercion, or importunity to the point that it hampers the agency and free will of the testator. Further, a will made by However, the court is very careful in deciding whether a will is to be declared void. Only in cases of prominent and serious errors does the court declare a will void. This does not include spelling errors or incorrect addresses or any minor inconsistencies.
A will is only declared void if it is fails the test of due procedure, or if the intent is unclear or cannot be reasonably inferred. Further, it can also be declared void if it is unsigned or undated in a manner which affects the validity of the same.
Conclusion
In the light of the above established principles, it remains to be seen what further facts will be revealed in the ongoing matter and what the respective decision will the Hon’ble court reach in the dispute regarding Sunjay Kapoor’s will.
About Author
Anwita Mishra, a law student at Maharashtra National Law University, Mumbai, is an emerging legal writer with a keen interest in the changing dynamics of law. Deeply passionate about Media Law, Constitutional Law, and Family Law, she engages with contemporary legal developments through insightful research and writing.