What is the validity of a will executed as per the directions of the testator's mother? What is the legal requirement for a will to be duly signed by two witnesses and the signature of the deceased to be proved? What is the effect of a propounder of a will not being a Hindu on the validity of a will executed by a Hindu?

Key Points: - A will is defined as a legal declaration of the intention of a testator with respect to his property after his death (!) . - A will executed as per the directions of the testator's mother is not invalid (!) . - A will duly signed by two witnesses, with the signature of the deceased proved, and read over in the presence of all and accepted by the testator before signing, is considered proved (!) . - The opinion of a handwriting expert who lacks education in the language and whose opinion is based on suggestive evidence is rightly not relied upon (!) . - A will duly attested by two witnesses after the signature of the testator, with attestation made as per Section 3 of the Transfer of Property Act, is considered properly and legally executed (!) . - The burden shifts to the objectors to prove that a will is not genuine and valid once its execution and attestation are validly proved (!) . - The testator dying after 45 days of execution does not automatically render the execution doubtful if the unfit condition of the testator is not proven (!) . - An interest in joint Hindu property can be disposed of by a will under Section 30 of the Hindu Succession Act, 1956 (!) . - A will can be executed in favor of a person not professing the religion of the testator; there is no embargo on this power (!) . - Provisions under Section 279 of the Succession Act regarding prior proceedings are directory, not mandatory, and failure to mention them does not warrant dismissal of the petition (!) . - The provision for verification of pleadings under Section 281 of the Succession Act is directory, and the propounder of the will has no authority to compel an attesting witness to verify the pleading (!) . - The intention of the legislature behind Section 281 is to avoid initiation of proceedings on forged wills, and the attesting witness signing the petition for letter of administration is sufficient; the form is also directory (!) . - A propounder is required to clear suspicion with clear and satisfactory evidence, proving the will is genuine and executed by the deceased without circumstances creating a cloud on its genuineness (!) . - The freedom to bequeath property amongst Hindus is absolute, including to a stranger (!) . - The interest of a male Hindu in Mitakshara co-parcenary property is deemed capable of being disposed of by will (!) . - The appeal was dismissed, but there was no order as to costs (!) .

What is the validity of a will executed as per the directions of the testator's mother?

What is the legal requirement for a will to be duly signed by two witnesses and the signature of the deceased to be proved?

What is the effect of a propounder of a will not being a Hindu on the validity of a will executed by a Hindu?