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Will

 WILL

By P.Hema

The owner of an immoveable property when dies declaring the distribution of his property to his legal heirs as he wishes, then such a document is called as a Will which shall come into effect only after his death.

Applicable laws:

  • The Indian Succession Act, 1925

  • Indian Registration Act, 1908

  • The Hindu Succession Act

The Indian Succession Act deals with two kinds of wills:

  1. Privileged will

  2. Unprivileged will

Privileged will is the will which is made by the soldiers of expedition or warfare and hence they need expeditious procedure. Whereas unprivileged will is a will other than the privileged will. 

Execution of privileged will

  1. Privileged wills may be in writing or may be made by word of mouth.

  2. If the instrument purporting as will is written wholly or in part by another person and not signed by the testator, the instrument shall be deemed as testator’s will, if shown that it was written by the testator’s directions or that he recognized it as his will.

  3. If it appears on the face of the instrument that the execution of it in the manner intended by the testator was not completed, the instrument shall not, by reason of that circumstance, be valid, provided that his non-execution of it can reasonably ascribed to some cause other than the abandonment of the testamentary intentions expressed in the instrument.

 

Execution of unprivileged will

 

  1. Testator shall sign or affix his mark to the will, or signed by other person in his presence and direction.

  2. The will shall be attested by two or more witnesses. Each of two must see the testator sign or affix his mark to will.

  3. Each of the witnesses shall sign the will in the presence of the testator.

 

NOTE- It shall not be necessary that more than one witness be present at the same time.

 

Registration 

 

Registration of a will may not be necessary. It is although a convenience of an individual, but it does not affect the wills as such. It is advisable to register the will with the registrar where the registrar then becomes the legal guardian of the wills, the document then becoming strong evidence in law for the validity of the wills. The latest will shall be considered as valid.
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