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Can I claim my share in mothers property bought by father's money?
05-Feb-2023 (In Property Law)
Hi Sir, This is P Sudheer. My Father name is P.Thirupathi Reddy. Parties: My Father 1st Wife=No children,No diverse My Father 2nd Wife=As 3 sons.I am son of 2nd wife NOTE: My father buyed property in name of 1st wife on 1980 [Husband is govt employee and 1st wife id house wife].1st wife don't have children so remarried. Question 1:Does My Father have right on that 1st wife's property . Question 2:Does 2nd wife or 2nd wife children have right on my father's 1st wife's property . Question 3] So Can Husband/sons file case on his 1st wife so that she cant sell the propery like status co Question 4]So Can Husband/sons file declarative suite saying that this property is buyed by his salary and 1st wife can't sell the property and property oweners being his sons Thanks alot.
Section 57 read with Schedule III makes Sections 63 of the Indian Succession Act applicable to all Hindus. Section 63 of the Act relates to execution of unprivileged Wills and reads as under:
Execution of unprivileged wills. - Every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or a mariner at sea, shall executed his will according to the following rules:
(a) The testator shall sign or shall affix his marks to the will, or it shall be signed by some other person in his presence and by his direction.
(b) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.
(c) The will shall be attested by two or more witnesses, each of whom has seen 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 or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and such of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.
12. In view of Section 57 read with Schedule III of the Act, requirements of Section 63 must be complied with and are mandatory for a Will executed by a Hindu. A Will which does not comply with the requirement of Section 63 of the Act is null and void. Clause (a) to Section 63 requires a Will should be in writing because it is to be signed or marked by the testator himself or signed by some other person in the presence of the Testator or on his direction. A Will, as per Section 63, is also required to be attested by two or more witnesses. Thus Section 63 of the Act requires a Will to be in writing.
Execution of unprivileged wills. - Every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or a mariner at sea, shall executed his will according to the following rules:
(a) The testator shall sign or shall affix his marks to the will, or it shall be signed by some other person in his presence and by his direction.
(b) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.
(c) The will shall be attested by two or more witnesses, each of whom has seen 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 or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and such of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.
12. In view of Section 57 read with Schedule III of the Act, requirements of Section 63 must be complied with and are mandatory for a Will executed by a Hindu. A Will which does not comply with the requirement of Section 63 of the Act is null and void. Clause (a) to Section 63 requires a Will should be in writing because it is to be signed or marked by the testator himself or signed by some other person in the presence of the Testator or on his direction. A Will, as per Section 63, is also required to be attested by two or more witnesses. Thus Section 63 of the Act requires a Will to be in writing.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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