Will--Unattested Alteration--Post-Execution Alteration Without Attestation Has No Legal Effect Under Section 71 of the Indian Succession Act
Any alteration or correction in an unprivileged will has no legal effect unless duly attested by the testator and witnesses in the manner prescribed under Section 71 of the Indian Succession Act. An unattested post-execution alteration is void and the will is read in its original form. Examination of such alterations and their compliance with Section 71 falls squarely within probate jurisdiction. A proceeding converted into a suit under Section 295 of the Indian Succession Act does not assume the character of a regular civil suit; the scope of inquiry remains confined to validity, due execution, and whether the document represents the last testament of the deceased.
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