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The Bombay High Court has held that signing a will in a language which is ordinarily not used by a person does not negate its validity. The court validated the document while responding to a suit filed by one Girdhari Melwani whose mother,a Sindhi by birth,had signed her will in Gurumukhi,her mother tongue.
According to the will dated March 20,1991,she had bequeathed her flat in suburban Bandra to her son,Girdhari. After her death,when Girdhari filed probate application in High Court to get the will validated,Veena,his brothers wife,challenged it.
Veena contended that the flat had been purchased from the funds given by her late husband Chandru and the will was a bogus document,made to usurp the flat. Veenas lawyer pointed out that prior to the execution of the will; she would always sign in Urdu.
Two earlier vakalat namas (letters authorising lawyers) and the flats nomination made by her,which bore her signatures in Urdu,was produced to prove the point.
The court observed that Gurumukhi was the mother tongue since she was a Sindhi lady. Mere signature in her mother tongue…does not lend itself to suspicion at all, the court said.
Justice Roshan Dalvi said in the judgment delivered recently,since Urdu is a better known language,she could have signed those papers in Urdu. The judge,however,held that it would not prevent her from signing her own will in Gurumukhi.
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