HINDU SUCCESSION ACT: WHAT IS WILL...?

HINDU SUCCESSION ACT: WHAT IS WILL...?

Article by: Sri. Jagadish A., Advocate,  Mob No: 9449847222

1. Will is lawfully declared

2. Declaration should state the property to be disposed as the wishes of the deceased

3. The Declarations should be made by a person who is legally competent to make will. The person should have the exclusive right to transfer the property during the life time can make the will

Types of will

1. Privileged will

2. Un-Privileged will

1. Priviledged Will

Will always be in writing . in Case of individual who is working in Army, Navy or in Air Force who is engaged in war can make partly written or partly Oral or can make will orally. This will be considered as valid will. In the war field a privilege will be given for special persons.

2. Unpriviledged will

for All others persons has to make the unprivileged will.

Conditions for making Valid Will

1.Majority

The Person who makes the will should be a major. He should have attained age of 18 years and should have sound mind.

2.Married Women

A Married Women can make the bill she is having the right to transfer the property, She should have exclusive right of transferring property.

3.Physically Disabled Persons

Deaf, Dumb and Blind who is physically disabled can make the will if he is having the right to transfer property. Physical disability does not restrain for making will.

4.Influence of Liquor

If a person is under the influence of liquor or under the influence of Illness and if he does not understand what he is doing can not make the will

5. Soundness of Mind

If a person is some time he will be in unsound mind and some time he will be in sound mind. The person at the time of having sound mind can make the will.

6.Coertion, Threat or Undue Influence

If a person is under the influence of coercion, Threat or Undue influence if a person makes will that will not be legally enforceable

7.Guardian or Parents

The Guardian or Parents will not make the will on behalf of Minors or Lunatics who are in capable of understanding what they are doing. Law prohibits for making will by the Guardian or parents for making will on behalf of legally incompetent persons.

Important Points to be considered while making Will

1. Writing

Will should be in writing. Oral will can not be a will in the eyes of law. It is advisable that will should be in his own handwriting.

2. Language

There is no restriction on language on wiring of will. Will can be written in any language and any style the testator can write will

3. Bond Paper

There is no restriction and necessity of writing will on Bond Paper . The will can be written on good quality of paper

4. Signature

The Testator should put his signature on each and every page of will if he knows writing. If the testator is illiterate he has to put Left hand Thumb impression on each and every page

5. Attesting Witness

For a Valid legally enforceable will there should be at least two attesting witness to be singed in the presence of testator. The Testator should also sign in the presence of attesting witness.

6.Deed Writer/Lawyer as Attesting Witness

Deed Writer or Lawyer should be a attesting witness . They can not become the attesting witness.

7.Beneficiary as Attesting Witness

Beneficiary should not put witness at the time of preparation of will. A beneficiary is getting the benefit out of the will. If the beneficiary puts his signature as attesting witness legally not enforceable . if the witness or his wife gets the benefit it will become invalid.

8. No Ambiguity

The will should not be unambiguous. The will state the full particulars of property and beneficiary details to be stated in the will. There should not be any ambiguity in the will.

Different Variety of Property will can be made

The Testator should have the absolute right in transferring property during the life time. the testator should have

a) The Control

b) Right take benefit from the property

c) Right to transfer or sell property

d) Right to exclude any other's from the property.

For Ex:

1.For a Hindu Self Acquired Property

2.The Women having the right to dispose property during her life time to transfer the property

3.Member of Hindu Undivided Family who is having his undivided share in Hindu Undivided family

4.The Muslim will having right to make will for 1/3 of the total property

If a testator makes he will not loose his right on his property during the life time.

Executors: The testator can appoint any one or more than one executors for administering the property of testator

Registration of Will

Is Registration of will is compulsory . the answer is no . law will not make registration compulsory . If the will is registered it will have a better title for this reason will to be registered . In case the original will is lost the beneficiary can take the certified copy of will

Safe Custody of Will

The Testator can keep the will under his safe custody or to any trust worthy friend/person or He can keep the will in the Registrar Office on a sealed cover under safe custody.

1.If the testator died the beneficiary or the relative can make an application to the registrar and obtain the certified copy of the will

2.The make of the will take back the will and keep the will under his safe custody.

Amendment to Will

Once the will made a question will arise whether we can amend the will the following is the answer :

1. The maker of the will can make amendment in will during the life time . He can make any number of amendment in the will and in any manner he can amend the will. He can make the amendment and this is annexure to the will.

2. If the will is registered any amendment made by the testator of will and the amendment will also be registered.

3. The amendment of the will follow the same process and procedure as he has writing the original will.

Cancellation of Will

A question will arise in our mind can we cancel the will to answer to this point we will see the below points:

1.If the will is not registered the original will is destroyed and writes another will and declare that the first will is cancelled

2.If the Will is registered he can write another will and makes request to the registrar that the first will is cancelled

Revival of Cancelled Will

1. Once the will is cancelled the will cannot be revived. But he can write the new will by inserting and including all points in the new will.

2. The Court can validate the will as guanine and court can issue the letter of probate

3. In Case of dispute he Court can do proper enquiry with proper documents and validates the will and court will say the will is undoubtable and nobody can question about the guinvinity of the bill. For enforcing the will the court will appoint the administrator.

4. For Applying probate there is no time limitation of time.

Article by: Sri. Jagadish A., Advocate,  Mob No: 9449847222