#Property_law #saledeed #probate #Transfer_of_Property_Act #Letter_of_Administration #Registered_Will #Unregistered_Will
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WHAT IS THE VALIDITY PERIOD OF WILL?
• WE all know that the will is defined in a very simple word in Section 2 (h) of Indian Succession Act, 1925.
• “Will” 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.
• There can be two situations. One is intestate succession. It means succession after death when no will is written by the testator. Second kind of succession is testamentary succession, when a will is there.
• When there is no will. The succession takes place as per Hindu Succession Law among natural legal heirs.
• Whereas in case of will, an owner of a property (testator) transfers his property to a person of his choice and a beneficiary may be a legal heir or may not be.
• In Testamentary Succession, the transfer takes place as per wish of testator and not by the operation of law.
• There can be one or more persons who can be beneficiaries of will. named in a will as per the discretion of the will-maker. In case of more than one person, the testator can specify the ratio of division of the property amongst the heirs but if he fails to do so then it is generally divided in equal proportions to every legal heir mentioned in the will.
• There is no validity period of a Will. In other words, there is no provision in, law which speaks about a validity period. Yes the validity of the will is decided by the competent court, if probate petition or petition for letter of administration is filed.
Негізгі бет What is the validity period of a Will? Does a Will expire? (2024)
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