Law of Wills in India

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  • Topic: Will, Wills and trusts, Testator
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  • Published : November 22, 2012
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Property Law Research Paper

LAW OF WILLS IN INDIA

Submitted By-Ishani Mehta
BA.LLB -2011
Section-A
(22 November, 2012)
CONTENTS-
* Definition
* Key Terms
* Different types of wills
* Essential Clauses of a will
* Restrictions or Limitations for making of a will under The Indian Succession Act 1925 * Registration of a will
* Property, which can be, disposed of by Will
* Principals of rate able abatement in case heirs do not give consent. * Probate of a will
* Muslim laws on wills in India
* Revocation of a will
* Revocation of a will by Muslims
* Codicil
* Who can be a devisee under a will?

Definition –
Will is the legal declaration of a person’s intention which he wishes to be performed after his death and once the Will is made by the testator it can only be revoke during his lifetime. OR
Will means the legal declaration of the intention of a testator with respect to his property, which he desires to, take effect after/*appointment of Executor by the testator, the Court may appoint a person called 'Administrator' to execute thee will. OR

 The term ‘Will’ is defined under ‘Section: 2(h)’ of The “Indian Succession Act, 1925”, means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. A testator is authorized with a power to appoint any person as beneficiary of his Will whereas ‘Section: 5’ deals with the law regulating succession to deceased person’s moveable and immovable property. My interpretation of a will-

 A Will or testament as it is often called is a legal declaration by which the testator names one or more persons to manage his/her estate and provides for the transfer of his/her property at the time of death. A Will can be made by anyone who is above 21 years of age in India. It can be seen as a statement made by a testator in the written form stating the manner in which his estate/property must be distributed after his death. A Will being a testamentary document comes into effect after the death of the testator and if the person dies without writing any Will then he/she is said to be have died intestate. The person in whose favour the testator bestows the benefits is called the beneficiary or legatee. A Will is otherwise known as a Testament.

KEY TERMS-
* Codicil- Codicil is an instrument math in relation to will. It is a part of the will. * Abatement of Legacies- When a testator bequeaths more than one third of the property, and the heirs refuse to give consent, it is to be adjusted accordingly. * Lapse of Legacy- If the Legatee does not survive, the bequest (Property under will) is distributed as if there is no will.

DIFFERENT TYPES OF WILLS-
A testator who has right to make a Will for the future benefits of his family members which will take effect after his death, the there are certain types of Wills which has to be looked into: 1. Privileged ‘Wills’: As it can be understood from the word privilege provided to certain persons. A privileged Will is one which is made by any soldier, airman, navy persons, mariner who are willing to dispose of their estate during their course of employment. A soldier includes officers and all other rank officers of service but does not include a civilian engineer employed by the army, having no military status. A soldier while making an instrument of ‘Will’ must have attained the age of 18 years and where a will made by the soldier is in the oral form, will be valid only for a month though a written Will always remain operative. A privileged Will may be revoked by the testator by an unprivileged Will or codicil, or buy any act expressing an intention to revoke it and accompanied by such formalities as would be sufficient to give validity to a privileged Will, or by the burning, tearing or otherwise destroying the same by the testator. 2. Unprivileged ‘Wills’: Wills executed according to the...
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