Facts of the case
Banta Singh, executed a Will on 12.03.1979 and died on 17.09.1985. The petitioners, who served Banta Singh, claimed ownership of half the land based on the Will and sought a permanent injunction to prevent interference. The defendants admitted the Will's content but alleged that Banta Singh had revoked it via a registered cancellation deed on 28.02.1985 and executed a new Will on 17.08.1985. The Trial court found that Banta Singh did not die in 1985 but had executed a new Will in 1988, dismissing the petitioners' suit.
Issue before the court
- Whether the finding that the Will dated 12.03.1975 was revoked by Banta Singh via the registered cancellation deed is liable to be reversed, considering Section 70 of the Indian Succession Act ?
Judgement
The Court confirmed the cancellation of the Will dated March 12, 1975, stating that under Section 70 of the Indian Succession Act, a Will can be revoked by destruction or cancellation. The court rejected the appellant's argument that Section 63(c) applied to the revocation, as there was no evidence suggested that the revocation failed to meet legal requirements.
The appellants also argued that the unregistered Will dated August 17, 1985, was suspicious because of the beneficiary’s presence when it was made. However, the Court dismissed this claim, referring to a legal precedent stating that beneficiary’s mere presence or the non - examination of an attesting witness in court does not automatically make a Will invalid. As a result, the court ruled in favour of the defendants.