Delhi High Court on Probate of Will: Validity Despite Minor Alterations.

Headnote:

The Delhi High Court dismissed the appeal challenging the grant of probate for a Will dated 09.03.2006. The Court held that minor post-registration alterations, signed by the testator, did not affect the Will’s validity. The trial court correctly considered oral and documentary evidence establishing the testator’s soundness of mind and voluntary execution. Allegations of forgery and fabrication were unsubstantiated.

Background:

1. The appeal arose from Probate Case No. 152/2008 concerning the estate of late Krishana Nandan Gupta, who executed a Will on 09.03.2006 leaving the ground floor of a property to respondent no. 1.
2. The appellant/objector challenged the Will, alleging forgery, tampering, and improper execution, and contended that the respondent was not an appointed executor.
3. The trial court granted probate after examining attesting witnesses and a Sub-Registrar, holding that minor alterations were valid and signed by the testator.

Court’s Observations:

1. Alterations were clarifications regarding custody of property documents, signed by the testator, and did not affect his intent.
2. Attesting witnesses confirmed the testator’s soundness of mind and voluntary execution.
3. The Will’s registration and execution complied with statutory requirements.
4. Allegations of forgery and fabrication were unsupported by evidence.

Decision:

1. The High Court upheld the trial court’s judgment granting probate of the Will.
2. The appeal was dismissed as meritless.
3. Pending applications, if any, were closed.

Legal Provisions Discussed:

1. Section 299, Indian Succession Act, 1925 – Appeal against probate decisions.
2. Section 71, Indian Succession Act, 1925 – Validity of Will and effect of alterations.

Citation: 2025:DEL:FAO:428/2010

Case: Deepak Gupta v. Rajeev Agarwal & Anr

Court: High Court of Delhi at New Delhi

Coram: Justice Chandrasekharan Sudha

Date of Decision: 17 November 2025

First Appeal (FAO) No.: 428 of 2010