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Will invalid unless signed by 2 witnesses & registered: SC New Delhi, March 29 A Bench comprising Justices RM Lodha and Anil R Dave endorsed the HC’s view while dismissing a petition filed by a person claiming ownership to the entire property of his father despite the fact that he had seven siblings. According to the petitioner, Narinder Singh Rao, his father had left a will, bequeathing his property to his wife (petitioner’s mother) who in turn gave the entire property to him. The petitioner’s siblings, however, contended that the will executed by their father was not valid as it had neither been attested by two witnesses nor registered as required under the Indian Registration Act, 1908. The HC and the SC noted that their mother had executed a proper will handing over the entire property to the petitioner. However, since their father’s will was not valid, the mother’s will would be applicable only to one-ninth of the property which she had inherited from her husband under the Hindu Succession Act, 1956. Concurring with the findings of the HC, the SC said the suit property should be divided into nine parts with two parts going to the petitioner (his own and that of his mother) and the remaining seven parts going to his siblings (one part each). It also rejected the objections against the will executed by the petitioner’s mother on the ground that she was not in a sound state of mind. Such arguments should have been made when they approached the judiciary at the first instance and not at the appeal stage, it clarified.
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