Will
A will is a legal document that expresses the wishes of a person regarding the distribution of his or her property after death. A will can be made by any person who is of sound mind and has attained the age of majority. A will can be revoked or altered by the maker at any time before death.
The law governing wills in India differs according to the personal laws of the parties. Hindus, Buddhists, Jains and Sikhs are governed by the Indian Succession Act, 1925, while Muslims are governed by their own personal law based on the Quran and other sources.
Under Hindu law
Under Hindu law, a will can be made by any Hindu who is competent to contract. A Hindu can dispose of his or her entire property by will, except the coparcenary property or joint family property, which can only be disposed of with the consent of all the coparceners. A Hindu can also make a will in favour of any person, including a stranger or an unborn person. A Hindu will should be in writing and signed by the testator or by some other person in his or her presence and by his or her direction. The will should also be attested by two or more witnesses who have seen the testator sign the will or have received his or her acknowledgment of signature.
Under Muslim law
Under Muslim law, a will can be made by any Muslim who has attained puberty and is of sound mind. A Muslim can dispose of only one-third of his or her property by will, unless the heirs consent to a larger share after death. A Muslim cannot make a will in favour of an heir, unless the other heirs consent to it after death. A Muslim will can be oral or written, and does not require any formalities of signature or attestation. However, an oral will should be proved by two witnesses who have heard the testator declare his or her wishes.
A will is a legal document that expresses the wishes of a person regarding the distribution of his or her property after death. A will can be made by any person who is of sound mind and has attained the age of majority. A will can be revoked or altered by the maker at any time before death.
WILL HOW MADE ?
The procedure of making a will in India varies according to the personal laws of the parties. Hindus, Buddhists, Jains and Sikhs are governed by the Indian Succession Act, 1925, while Muslims are governed by their own personal law based on the Quran and other sources.
To make a will under Hindu law, one has to follow these steps :
Write down the details of all the properties or assets that one owns and wants to bequeath.
Appoint an executor who will carry out the wishes of the testator after his or her death.
The witnesses should also sign the will and attest the signature of the testator.
Mention the names and addresses of the beneficiaries who will inherit the properties or assets.
Sign the will in the presence of two independent witnesses who have no interest in the will.
The will should be dated and preferably registered with a sub-registrar for more authenticity.
To make a will under Muslim law, one has to follow these steps :
Write down or orally declare the details of all the properties or assets that one owns and wants to bequeath.
Mention the names and addresses of the beneficiaries who will inherit the properties or assets.
Appoint an executor who will carry out the wishes of the testator after his or her death.
The testator should be of sound mind and have attained puberty.
The testator can dispose of only one-third of his or her property by will, unless the heirs consent to a larger share after death.
The testator cannot make a will in favour of an heir, unless the other heirs consent to it after death.
The will does not require any signature or attestation, but it should be proved by two witnesses who have heard or seen the testator declare his or her wishes.
Registration of a will is not mandatory in India, but it is advisable to do so for more validity and security. To register a will, one has to follow these steps:
Visit the office of the sub-registrar within whose jurisdiction the property or asset is situated or where the testator resides.
Submit the original will along with a copy and pay the prescribed fee.
The testator and two witnesses should be present before the sub-registrar and verify their identities and signatures.
The sub-registrar will register the will and issue a receipt.
The original will can be taken back by the testator or kept in safe custody with the sub-registrar as per his or her choice.
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