The controversy surrounding Rohit Bal’s alleged Will raises questions about its legitimacy and the legal conditions it must meet under the Indian Succession Act, 1925. A valid Will requires the testator’s signature, and attestation by two witnesses, and must be free from coercion or undue influence
Rohit Bal, the renowned designer’s death, has brought about much confusion about his last Will, among his friends and family. Lalit Tehlan, a close and long-time friend of Bal, claimed to possess Bal’s will, which names him as the successor to Bal’s fashion empire, according to a recent media report. Tehlan claimed his ownership of the brand and assets, which included two floors in Defence Colony, a Noida factory, land, artworks, and artefacts.
However, Bal’s family, led by his step-brother and Rajiv Bal, business partner, has disputed these claims. In a media interview, Rajib did not confirm or deny the validity of a Will. He said that Tehlan claimed to have a document, but nobody had seen it yet. They said that Tehlan should claim it publicly, and then they would take legal action. They also said that Tehlan was a stranger to the family.
What are the elements of a valid Will? Can a Will be challenged in court? Have there been notable disputes over a Will in the past?
What makes a legitimate Will? Could it be contested in court? Are there any specific cases of disputes over Wills in the past?
Wills Under The Indian Succession Act, 1925
The Indian Succession Act, 1925 (ISA), governs testamentary succession— the ways to distribute assets when a person leaves a Will expressing their last intentions. According to Section 59 of the Act, “Every person of sound mind, not being a minor, may dispose of their property by Will.” The Act applies to Wills made by Hindus, Sikhs, Buddhists, and Jains after January 1, 1927.
The ISA allows the maker of a Will to retract or change it at any time, based on its legal competency under Section 59. In case a person has written several legitimate Wills, the latest one would be considered authentic.
Under Section 63 of the Indian Succession Act (ISA), Bal’s alleged Will needs to fulfill the criteria of an “unprivileged Will.” This applies to Wills created by anyone who is not an active soldier, airman, or mariner at sea. The Will needs to bear the signature of the maker, or testator (or someone signing on their behalf at the testator’s direction), and it needs to be attested and signed by two witnesses in the testator’s presence.
Moreover, each witness needs to “see the testator sign or affix his mark to the Will or has seen some other person sign the Will, in the presence and by the direction of the testator.”
In case the entire Will or a part of it was created “by force or coercion, or by such importunity as takes away the free agency of the testator,” that part will be made ‘void’- treated as if Section 61 never existed.