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The property of a person devolves in two ways after his death. First through a will or testament or through law of succession. When a person dies without will it is said that he died intestate (without will not having made a will before death).
In case of intestate death, personal laws comes into picture such as Hindu Succession Act for devolution of his interest in his property. We need to understand the value of GOOD DRAFTING OF WILL.
'Will' means a legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death. Indian Succession Act, 1925, S.2 (h).
The Will takes effect only after the death of the testator (i.e. the author of the Will). The will is revocable during the life time of the testator.
ESSENTIAL CHARACTERISTICS OF A WILL
(i) Legal Declaration : the execution and attestation of will as laid down in section 63 of the Act and it must be made by a person competent to make it.
(ii) Revocability
(iii) Related to Property
"Executor means a person to whom the execution of the last will of a deceased person is, by the testator's appointment confided."
"Administrator means a person appointed by competent authority to administer the estate of a deceased person when there is no executor". [Sec.2(a)]
"Probate means the copy of a will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator". [Sec.2(f)]
Codicils : Amendments made by the testator in his will during his life time are called codicils.
Succession Certificate : A Succession Certificate is a certificate of succession issued by a Civil Court of competent jurisdiction in respect of the properties of a person who has died intestate i.e. without making a will.
What is TESTAMENTARY GUARDIAN ? And why it is required? Why it is wise to appoint a testamentary guardian?
Ans: Section 60 of Indian Succession Act answer this question that a father, whatever his age may be, may by will appoint a guardian or guardians for his child during minority.
Privileged Wills : A Will made by any soldier in an expedition or engaged in actual warfare or any mariner being at sea. He must be above eighteen years. This will has to satisfy the provision of section 66.
(2) Unprivileged Will: All wills made by persons other than mariners, soldiers and airmen are unprivileged wills. Section 63 of the Indian Succession Act sets some requirements:
Attestation: (i)The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator,
(ii)or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and
(iii) each of the witnesses shall sign the will in the presence of the testator,
(iv) but it shall not be necessary that more than one witness be present at the same time, and
(v) no particular form of attestation shall be necessary.
Q: WHO CAN MAKE WILL?
Ans: Section 59 of Act says: Every person of sound mind not being a minor may dispose of his property by will.
Ques. In What circumstances, a will can be declared invalid?
Ans: Section 61 of Indian Succession Act says a Will is void if the making of a will or any part of a will has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void.
Негізгі бет Will (वसीयत) & Probate:वसीयत कब बनायें और कैसे बनायें? प्रोबेट के लिए क्या करें? (May, 2021): Part-I
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