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 that 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 Justice R M Lodha and Justice Anil R Dave in a 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 the court.
Gajraj Singh, who died on 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 on June 6, 1989, executed a will on June 1, 1989, bequeathing the property to one of her eight children, Narinder Singh Rao.
Terming the document executed by Rao Gajraj Singh just 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.
IANS
