Indian Succession Act, 1925-WILL, Execution & Proof :JUSTICE RAJIVE BHALLA
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- Опубліковано 9 вер 2024
- Indian Succession Act, 1925 - Will, Execution and Proof by Justice Rajive Bhalla
Will @BeyondLawCLC
A will is made by the testator while alive and comes into effect after his/her demise.
In a simplified manner, A Will is by which a living person (called testator) declares his desires or intentions. Therefore, there is a degree of respect attached to a Will. It is not like an ordinary sale deed or an agreement, it is something which even a person who executes it cannot come forward to vouch for its authenticity or its correctness.
A Will is never an agreement or contract or settlement. It is for this reason that the beneficiaries of a Will should not be parties to the Will. The declaration must be legal. A declaration that is illegal either by way of the ultimate objective or in some other way will not be considered as a Will.
A Will made by a Hindu, Buddhist, Sikh or Jain is governed by the provisions of the Indian Succession Act, 1925. However, Muslims and Christians are not governed by the Indian Succession Act, 1925 as they have their own personal laws to execute a will.
Two Types of Will:-
Privileged Will
This type of Will is executed by a Soldier / airman employed in an expedition or engaged in actual warfare or someone in navy. A privileged Will can be in writing or can be oral. It must be written by a testator with his own hands and in such cases it need not be signed or attested and still it is deemed to be a valid Will . It is a special Will made in extraordinary circumstances like war or dangerous expedition. Only case where this Will is considered invalid is if it is not being completed by the testator or he dies before completing it.
Unprivileged Will
It must be in writing, signed by testator in the presence of witnesses, signed by two or more witnesses in presence of the testator.
Any property whether movable or immovable or a property which is still not acquired can be made part of a Will.
A law does not prescribe any particular format for a Will. A person can take any plain paper and write the Will in his / her own hand putting down his / her wishes to paper without any need for assistance from a legal professional. Such a Will in one’s own handwriting is called Holograph Will. If a Holograph Will is duly attested by witnesses, there is strong presumption in favor of genuineness of the Will.
Execution of a Will:-
The process by which a testator's Will is made legally valid is known as Execution of Will. A Will is a legal document, signed in compliance with the various formalities covered by the legislation. It is the expression of the testator's wishes concerning how his/her property is to be distributed. It is the only way one can ensure his/her assets will be distributed according to his/her wishes after his/her death. It should be in written, however it may be either handwritten, or printed, or typed. The testator must sign at the end of the Will. It must be witnessed by at least two persons present at the time of signing by the testator.
Essential Requirements for Making of a Will :
• A person, being major, and of sound mind can execute a Will.
• He/she can dispose of all his/her property or any part of property under a Will.
• The Will must a last Wil and testament.
• A declaration should be given by the testator that he/she revokes all earlier Wills if any.
• However, in case of a subsequent Will is totally inconsistent and void with an earlier Will, the earlier Will can be considered by implication as if it is revoked.
• A Will should be made by the testator who has having sound mind in state.
How to Prove a Will :-
Under Section 68 of Indian Succession Act, 1925, If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence.
A Will can be given to any person even as a gift. It means a transfer of asset/property by a donor out of his own free will to a donee without any consideration. It is not important that a person to whom the property/ asset is transferred be a family member only, it can be any person or entity, whether family, friend, related or otherwise; it needs to be attested by two witnesses.
The donor and the donee need to be alive and capable of giving and accepting the gift at the time it is given, as documented through execution of a gift deed.
Niharika Mittal
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Explained in the most lucid and exhaustive way ! Justice Bhalla has the eloquence and clarity. I must thank Advocate Chatrath for organising such great series of webinar.
Simple and humble explanation. Thanks to the Honourable Judge.
Honorable Judge,Sir
It's a wonderful & great experience for me that very easily this Indian succession Act 1925 explain.
So beautiful explanation technique.
Sir ,very very Thanks.I am Happy to join again & again webinar by ur Honorable Judge.
so, informative, we all thankful
Excellent Session Sir. Thank you so much Sir.
Excellent
Very good explanation
B Janaki Rao
Visakhapatnam
So good sir ..thanku
Thanks sir for a wonderful lecture
Thank you so much sir
Thanku sir 🎉😢😢😢
Thank u so much
It's really simple explanation by sir.
Respected Sir,
Indian Christians are covered under Indian succession Act, as
per Section 2 (d) of the Act, “Indian Christian” is a native of India
who is, or in good faith claims to be, of unmixed Asiatic descent and who
professes any form of the Christian religion. The High court of Karnataka in M.A.I. Kovoor vs. Thomas Ipe Kovoor and Ors[1]
🙏🏻
When a person is affected by illness or affected by Alzheimer's disease, how he can give his consent as free consent, will it affect the execution of the will ?
Depends upon the mindset at the time of execution.
Whether we make a will for general provident fund of govt employees. Bcoz GPF rules says other than family member can't become a nominee. In this situation will make for other than family member is valid Sir?
excellent explanation, Sir in will both thumb and signature can be used.
If a widow due to legal heir to her unmarried deceased sons can make will deed of their properties which were not earned by them but had got from partition deed between rhem and father.
Both the witness who had witnessed are beneficiary and interested party. Can it be challenged.
Can we execute part of a WILL? For example, I'm one of the beneficiary in the WILL and I wish to complete the registration of my share in the property to my name, can I do that or should the entire WILL need to be executed? Cos, few family members do not have money to afford expenses to execute the entire WILL and I wish to execute my part to avail a loan for education. Please advise with reference if possible.
Respective Sir if the will is not registered but it is kept at home and one legal heir who is not satisfied with this will destroy it or robs it how will it come in picture if person death
for safety purposes it's always advised to keep a xerox copy of the draft
Should we make a will or not because any how one has to go to court to get the succession certificate in both the ways. If the two heirs have clear understanding to divide the property themselves, then still a will is required, please clarify on this. Thanks. Tahiliani
A person has one married daughter, but he made a will of his all ancestors property to his nephew, can daughter get half share or full?🙏
Even recording is not a full proof way because under threaten one can say what the beneficiary wants. I think how to keep away from the willer to theatener while making a will
U said woman would put right thumb impression on the Will. If it is left thumb, will it nullify.
if the original copy of the unregistered will gets misplaced and the attested xerox copy is in possession of the beneficiaries, can they obtain a certified/duplicate copy of that unregistered will by that xerox copy? please answer anyone, and please tell me the provisions.
No, you cannot get. Only registered will are available.
हरिद्वार के पण्डौ के रिकॉर्ड कौ सुप्रीम कोर्ट मान्यता देता है कया
दादा ने प्रॉपर्टी परचेज कि उनको कोई संतान नहीं थी, तो उन्होंने अपने रियल ब्रदर के बेटे को अडॉप्ट कर लिया, अडॉप्ट करने के बाद मेरे दादा की डेथ हो गई। प्रॉपर्टी खसरा में मेरी दादी का नाम लग गया जब मेरी दादी का नाम खसरा में लगा तब तक मेरा बर्थ हो चुका था पर मेरे यंगर ब्रदर का बर्थ नहीं हुआ था। दादी की डेथ के बाद खसरा में मेरे पापा का नाम लग गया और मेरे पापा ने पूरी प्रॉपर्टी की रजिस्टर्ड विल मेरे छोटे भाई के नाम पर कर दी अब मेरे पिता की डेथ हो चुकी है अब मुझे क्या करना चाहिए। (Madhya Pradesh) Ab Mujhe yah puchna hai ki kya Mere papa ko vasiyat Karne Ka Adhikar tha
Excellent Session. Thanks Resptd Sir.
Legal heirs can challenge will .after 20 year?
Sir,
It is bequeathed stating that "only male children " without naming and some of them of not born during the time of execution, is it valid?
Can I get email of Sir Rajiv Bhalla
RESPECTED SIR, PLEASE INFORMATION PROCESS OF MUTATION
Sir pl clarify if the volume no .of Book no 3 recorded on the certificate portion of a registered WILL be changed( by the registrar office ) after the death of the person and the WILL has been already made public?
Will Indian seccsion act 1925 adivasi mahila par lagu hi ki nhi