There are some family members who force their parents to sign the property. The parents do not even know on which documents they are signing etc. In such a situation, it is seen that there is no way in the law. It has been told how a will should be made. If you make a will even on a blank paper and get it written by a person, then it is also considered valid. It is only by using this that the signatures are obtained from the parents. It is often seen that we even lawyers suggest that if you get the will written and registered, then no one can reject it, it becomes a permanent document, but it is not so, the Supreme Court recently One such judgment has been passed here, where the Supreme Court itself has declared a registered will invalid, that is, the registration done or the will can also be rejected. If you have received any property from there, then you will have to return it. If possible, the name of the case is Dhaniram LRs. and Others vs Shiv Singh, here is the civil address number, so our story starts like this, in 1987 there was a person named Sohan Lal, now he had no children, no children etc. After the death of Sohanlal, his wife Leela Devi gets the property. Now Leela Devi had children otherwise, what does Leela Devi do? She writes her brother's son i.e. nephew in the property wheel and gives it to him in the will. His name is Dhaniram, so Dhaniram gets the property, Dhaniram acquires the property and puts it on mutation, it gets transferred to his name and starts living in the property. Now, Sohanlal's nephew, who was a brother of Sohanlal, is his son. The name is Shiv Shink. When they come to know that the property is going to someone else, what do they do in such a situation? They challenge the will in the lower court i.e. in the trial court, give a warning, go to the court and say that the will is not correct at all. This is a fake will and the people who are witnesses to the will are also hostile. They do not know in what manner the signatures were made and what was the purpose. In such a situation, considering all these facts, the trial court would have given the property in favor of Shiv Singh. Along with this, the trial code also declares the rejection of admission i.e. the mutation done as null and void. Now the rich people go in appeal in the District Court, but what does the District Court do? They reverse the judgment of the property. Okay, now Shiv Singh goes to the High Court. After looking at the matter in detail, the High Court said that the reasoning and logic of the trial court is absolutely correct. The trial code is absolutely correct and we passed the judgment only after observing it properly. Judgment would have been given in favor of Shiv Singh, that is, the property goes in favor of Sohanlal's legal heirs. Now in such a situation, let me tell you a little bit. Look at the property, according to the succession law in India, the distributor, do you have any inheritance ? If you do not make a will, it is not that the property will not go to them, the property will go to them as per the Inheritance Succession Act. Now here the wheel is such a thing, isn't it, the natural course of succession here is I mark my word, natural course of succession which is It can also be made to be altered, that is, if you want to disinherit someone or do not want to give the property, you can still make a will and write, 'Where does it happen where someone has converted to religion or done something wrong? Some children have started on the path, they don't even want to listen to the meaning, and some have become cannibals and property-hungry, they only keep an eye on the property, not on the parents, is it okay, then after seeing all this behavior, the mother - What does the father often do? After giving reason, you have to give reason. After giving reason, you would have thrown him out of the property. Now these same people come later and try to get the registered letter rejected on some technical ground whereas the registered letter is based on this judgment. Was also rejected. This is how the property goes to Shiv Singh, so first of all you have to see, if no one is in class one, then you will have to see who is in class two. Okay, now the case will reach directly. Narel went to the Supreme Court of India and Dhaniram Dhaniram went to the Supreme Court and said that we have got this wheel, we were taking care of Leela Devi when she was suffering from illness, but Leela Devi happily gave us the wheel. They have been seen in writing, okay, so that was the matter, in such a situation, both the witnesses in the court had got the hostels of both of them built here very easily. So the nephew probably did not know about Section 63 of the Indian Succession Act 1925, Section 68 and 71 of the Indian Evidence Act. Looking at the matter in detail, the Supreme Court said that now you are absolutely aware about the mode of execution of will according to Section 63. Listen carefully, it is a very technical matter, government number one, government number one and two, okay, government number one will write that I know the testator, I know this wheel that has been made, he made the will in front of his eyes, writing all this. He will put his signature on the case of a wheel. The role of witnesses is very important. If the witnesses turn hostile, no power can stop them. Witness number two will come later in getting the wheel set aside by the judge i.e. in getting it dismissed. What will they do? They will say that the testator, who was number one, has said that he knows the testator. He knows why the testator has made this wheel and in front of his eyes, the testator has put his signature on the wheel. By saying this, he will sign the testator . Number two, so I hope you have understood, now see, both the witnesses had turned hostile after going to the court, then tell the Honorable Supreme Court here that if you have not been able to satisfy section 63, then 63 is gone from your hands, let it be left. Section 71 and 68 of the Indian Evidence Act. Section 68 talks about evidence, the manner in which you have to prove a will before the court and section 73 talks about the people who have been made witnesses. It means that they are not able to pay attention, whether they had signed it or not, they have become old or it is assumed that those people are dead. Well, in such a situation, they say separate evidence. You can prove the will by giving some other evidence on the decision. The Supreme Court has said that the property here will remain with Siv Singh because legally he is his legal heir on behalf of her husband and went one step further and said that the will has been registered, that means the will is valid. It will be considered that in every situation, Shiv Singh gets the property through intestate succession as per Hindu Succession, because if Shiv Singh is considered to be the sole legal heir among the living people, then it is absolutely certified that the registration was done. The wheel can also be rejected, then what do you have to do in such a situation, if you understand something then it is just a suggestion, then they are cannibals of property, in such a situation, people who call themselves chiraks become chindi thieves out of greed for property, then in the hands of these people The first step to make yourself safe is to fully disclose the parents of the tester who is making the wheel, put everything like name, address and full details there. After this, this general rule is followed on our website for different categories in India. Will is seen, the first of these is Privileged Will and the second is Unprivileged Will. Privileged Will is done by those who are Navy Officers in the Indian Armed Forces and the rest of the people who are not coming from the Armed Forces will do the Unprivileged Will. A lot of them are in the Unprivileged Will as well. The category is seen here. If you make a hand written wheel, it will be called a hologram wheel. If you are making a hologram wheel, you can also make any code on paper, then the general prescription remains the same. If you are making a hologram wheel etc. You take a good quality paper, one size legal one size stamp paper, nothing has been said here. Okay, now if you are thinking of writing your will on stamp paper, then make sure to check the vendor from which you buy the stamp paper. If you have gone for a will, they have a register issued by the government because this is a rule in our India. Well, if you are thinking of making a type written will, then the signature of the stenographer will have to be there. Getting the will registered is not mandatory. Now see, if you are a lady i.e. a woman, you will have to give right thumb impression which people do not know how to write. If you are a lady then give right thumb. If you are male then give left thumb. This is the general rule, so left is right . I don't want any debate here brother, see next. Two more witnesses. I will have to stay here. Two or more than two will come to my mind. If I go with more than two, then everything will be fine. Know it is the nature. And the quality of the will will matter more, right, in any court case there are three persons in the Will, the testator who makes the will, the beneficiary who is getting the property and the executor who gives the will to the distributors of the property after death. Now in such a situation, do not choose the executor or the witnesses very thoughtfully, always see that the witnesses or The age of the executors is short because suppose there is a situation where the testator has passed away and the witnesses have also passed away due to age, then what will happen in such a situation, you will have to run around with disputes , choose those whom you can trust. Because later on, if they turn back then all will be less. Now I don't know when will the government do my last point in this video. I don't know whether these people will be able to do it or not. I would have asked you to take a photograph and keep it while they are doing the signature. Digital India is being promoted to make things paperless. What problem will there be if the execution of will is made online? Because see, lots of false statements are seen in the deposition code where the will goes to court and gives false testimony. Due to this, the codes in our Judiciary remain pending for 30 years or 40 years. In such a situation, if a situation is brought with a video graph or a photograph and it is inserted into an electronic evidence , then no person will be able to deny that. I did not sign there. What happens in this case? Friends, the Supreme Court had a valid reason to reject the bill because see, if a person gets sick, then it will not be known whether any other person is spending money on the disease. When he was going to the hospital, Dhaniram, whom he had made a witness, did not know that Leela Devi was unwell. But the last suggestion I would like to tell you is that do not choose confusing words, that is, any word which has two or more meanings. It may turn out that you got value from this video, if you got it then like it, subscribe the channel and spread this video to your friends, so thank you so much and remember this judgment of the Supreme Court. Okay, do you want to know? If a dispute arises regarding a value, then how should you prove it in the court. If you want to know, then tell me by writing on the comment section and if you do not want to know, then tell me that too.
