author : Ravikant Soni
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Ravikant Soni (LAWYER IN JAIPUR) 17 April 2011
author : Ravikant Soni
Posted On |
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Murughendra (Lawyer/Solicitor) 17 April 2011
Indian Succession Act is not applicable to Hindus and the Hindu will need not be probated as in the case of other religions. Sec.67 and Sec.68 of the Indian Succession Act validates the benefit given to the attestor or executor, which will not help you since you are appearing for respondents. If your defence is that of a created or bogus will, you need to prove it from circumstantial evidences since the plaintiff's husband is an interested witness.
GOPAKUMAR. G. NAIR (ADVOCATE) 17 April 2011
sec67 of succession act says attestation of a will by any person or husbandor wife even if they themselves constitute a beneficiary under the will but such appointment or bequest makes th will void
Ravikant Soni (LAWYER IN JAIPUR) 17 April 2011
@Murughendra
Where it is mention that this act does not aplies to Hindu?
@Advocate Nair
I need a citation that this provision applies to hindu.
GOPAKUMAR. G. NAIR (ADVOCATE) 17 April 2011
dear ravi,
pls refer part VI chapter one sec 57 by the said provision Part VI is made applicable to Wills and Codicils made by any Hindu, Buddhist, Sikh ...... Act itself is self explanatory and it does not require citation
Ravikant Soni (LAWYER IN JAIPUR) 17 April 2011
@gopal sir
please explain sec 57 of the act. and tell me how this section says that section 67 has force upon a HINDU WILL.
patrick george (Advocate) 18 April 2011
Except Chapter II other provisions of Indian Succesion Act is applicable to Hindus also. If the attesting witness or his wife is a beneficiary under the will, then the will is void as far as that bequest is concerned. You can succeed in your defense.
patrick
GOPAKUMAR. G. NAIR (ADVOCATE) 19 April 2011
dear ravi,
pls also refer sec 30 Hindu Succession Act ***** a hindu can make a will or codicil only in accordence with Indian Succession Act. HSA is specific act which was enacted in the year 1956, much after Indian succesion act*** ruleof interprtation----- hence Indian succesion act applies