Unattested will just a piece of paper: SC

Unattested will just a piece of paper: SC

New Delhi: The Supreme Court has said that a document bequeathing a property will remain just a piece of paper unless it is registered or attested by two witnesses to qualify it as a will. Upholding the finding arrived at by the Punjab and Haryana high court, the apex court said a document by Rao Gajraj Singh was neither a transfer of property as the same was not registered as required under the provisions of the Indian Registration Act, 1908 nor was it a will as it was not attested by two witnesses as it should have been done for a will. “Thus, the writing executed by Rao Gajraj Singh, in the eyes of law, was only a piece of paper, having no legal effect,” said a bench of justices RM Lodha and Anil Dave in their recent judgment upholding the decision of the high court. “Factually also, the said writing was not a will because it was not attested by two attesting witnesses as is required to be done for execution of a valid will. It is also a fact that the said writing had not been registered,” said that court. Gajraj Singh, who died March 29, 1981, had executed a document, which said that upon his death or the death of his wife, his property would be inherited by the survivor. His wife Sumitra Devi, who passed away June 6, 1989, executed a will June 1, 1989, bequeathing the property to one of her eight children Narinder Singh Rao. Terming the document executed by Rao Gajraj Singh a piece of paper, the court said that after his death, the suit would have to be equally divided amongst his widow and eight sons. — Agencies

Keep going, even as you age,...... Wisdom worth listening to:

Keep going, even as you age,...... Wisdom worth listening to:

           

Don't worry, while you are alive about others’ criticisms or gloat over their praises;just do what you believe is right.

             

Don't worry about what will happen after you are gone, because when you return to the dust, you will feel nothing about praise or criticism.

Don't worry too much about your children for children will have their own destiny and find their own way. Just help them grow into responsible, caring and productive human beings, but never be their slave.

           

Don't expect too much from your children. Caring children, though caring, could get too busy with their lives to help you and the uncaring children may fight over your assets even when you are still alive, and await your early demise so they can inherit your property.

Your children take for granted that they are rightful heirs to your wealth; but you have no claims to their money.

           

As you grow older, don't trade in your health for wealth any more...

Because your money may not be able to buy your health …..Know when to stop making money and how much is enough (hundred thousand, million, ten million?)

Even if you had a thousand hectares of good farm land, you can only consume one quart of rice daily; Even if you had a thousand mansions, you need only three square meters of space to rest at night. Just ensure you have enough to  live happily.

             

Every family has its own problems. Just do not compare with others for fame and social status and see whose children are doing better, etc. but challenge others for happiness, health and longevity.

             

Dont worry about things that you can't change because worrying doesn't help and it will affect your health.

           

You have to create your own well-being and find your own happiness.

           

Strive to keep yourself in a good mood, think about happy things, do happy things daily and have fun in doing them, then you will pass your time happily every day.

           

One day passes, you will lose one day; One day passes with happiness, and then you gain one day.

           

In good spirit, sickness will cure; in happy spirit, sickness will cure fast; in good and happy spirit, sickness will never come.

           

With good mood, adequate exercise, lots of sun, variety of foods, reasonable amount of vitamin and mineral intake, you will enjoy years of healthy life.

           

Above all, learn to cherish the goodness around ……FAMILY and FRIENDS……..they all make you feel young and "wanted"

All Will does not require Probate.

All Will does not require Probate. 

Probate is required when -

(1) (a) the existence or the bonafides of the Will is resisted / challenged by any of the legal heirs / Legal Representative; or (b) when the existence or the bonafides of the Will is resisted / challenged by any other interested persons;

AND

(2)(a) A Suit is filed by the said Legal heir / Interested persons against the executor / Legatee claiming his share in the estate of the deceased; or (b) A Suit is filed by the Legatee against persons who are in possession of the estate of the deceased testator and thereby Executor / Legatee claiming the estate of the deceased as his rights under the Will.

If your case is not falling within above parameters, no Probate is required. 

by Ad  Sandeep Jalan