Posted On by &filed under Intellectual Property Rights (IPR), Legal Articles.


Will is the legal declaration of a person’s intention which he wishes to be performed after his death and once the Will is made by the testator it can only be revoke during his lifetime. A person cannot give his ancestors property in the form of a Will but he can make a Will only of his Self-Acquired property. A Will does not involve any transfer, nor affect any transfer inter-vivos, but it is an expression of intending to appoint a person who will look after the properties after his (Testator) death. A Will regulates the succession and provides for succession as declared by the testator.

 Historical Background of ‘Wills’: As the time rolled the emergence of the Will became more popular, Indian Law which is governed under ‘Section: 5’ of “The Indian Succession Act, 1925” which provides different rules for intestate succession and testamentary succession in India. It applies to all the communities in India except Muslim community. In India there is a well developed system of succession laws that governs a person’s property after his death. ‘The Indian Succession Act 1925’ applies expressly to Wills and codicils made by Hindus, Buddhists, Sikhs, Jains, Parsis and Christians but not to Mohammedans as they are largely covered by Muslim Personal Law.

 Statutory Definition of ‘Will’: The term ‘Will’ is defined under ‘Section: 2(h)’ of The “Indian Succession Act, 1925”, 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. A testator is authorised with a power to appoint any person as beneficiary of his Will whereas ‘Section: 5’ deals with the law regulating succession to deceased persons moveable and immovable property

Meaning of ‘will’: A Will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at the time of death. A Will can be made by anyone above 21 years of age in India. A Will is a statement made by a testator in the written form stating the manner in which his estate/property must be distributed after his death. A Will being a testamentary document comes into effect after the death of the testator and if the person dies without writing any Will then he is said to be have died intestate. The person in whose favour the testator bestows the benefits called beneficiary or legatee. A Will is otherwise called as Testament.

 Features of A Valid ‘Will’: There are certain characteristics which should be included in the instrument of will such as :-

• The Name of The Testator: The name of the testator should be mentioned accurately without any error in initials, spelling or grammatical mistake so that it will not affect the instrument of Will. The name of the testator can also be clarified by looking into his birth certificate or any school certificates.

• Right To Appoint Legatee: The testator is having absolute right to appoint any person as a legatee or beneficiary of a Will and legatee should execute the Will carefully and in accordance with the law.

• To Take Effect After Death: A testator who is having power to make the Will during his lifetime, but it will take effect only after his death. A gift made by a person during his lifetime and will take effect during his lifetime, cannot be considered as a Will.

• Revocability Under The Law: In general a Will made by the testator can be revoke at any time during his lifetime and testator can choose any other person as his legatee. There may be chances where a testator wishes to bring some alterations in the Will then he can make some necessary amendments in the prepared Will which is otherwise called as Codicil. A third party can not file a civil suit against the testator on the ground of cancellation of the Will. A Will made by the testator may be irrevocable in some cases where an agreement is entered into contrary to the Will, may bind the testator.

• Intention of The Testator supreme: The testator of the Will has right to revoke Will at any time which can only be proved by the intention of the testator that whether he is intending to revoke the previous testamentary instruments made by him or he can state in his Will that ‘This is my last Will’ then it can be presumed that all the earlier testamentary instruments has been revoked.

• The Declaration to be ‘Last Will’: A person as testator has power to make declaration of Will unnumerable times but it is always the last will of testator which will prevail. The words “I declare this to be my last will” need not be stated in the instrument of the Will. Once the Will is made by the testator Inserting of words ‘Last and Only will’ at the time of death it can be presumed that all the previous Wills will get revoked and fresh Will has to be effected.

• Lost Subsequent ‘Will’: Mere loss of the original Will does not operate a revocation but it has to be inferring by the stringent evidence to prove its revocability and a testator must show the genuine reasons for the loss of the Will. Once it is proved that a original will is lost then ‘Subsequent Will’ will be valid.

 Kinds of ‘Wills’: A testator who has right to make a Will for the future benefits of his family members which will take effect after his death, the there are certain types of Wills which has to be looked into:

1. Privileged ‘Wills’: As it can be understood from the word privilege provided to certain persons. A privileged Will is one which is made by any soldier, airman, navy persons, mariner who are willing to dispose of their estate during their course of employment. A soldier includes officers and all other rank officers of service but does not include a civilian engineer employed by the army, having no military status. A soldier while making an instrument of Will must have attained the age of 18 years and where a will made by the soldier is in the oral form, will be valid only for a month though a written Will always remain operative. A privileged Will may be revoked by the testator by an unprivileged Will or codicil, or buy any act expressing an intention to revoke it and accompanied by such formalities as would be sufficient to give validity to a privileged Will, or by the burning, tearing or otherwise destroying the same by the testator.

2. Unprivileged ‘Wills’: Wills executed according to the provisions of ‘Section 63’ of the ‘Indian Succession Act, 1925’ are called Unprivileged Wills. An unprivileged Will is one which is created by every testator not being a soldier, airman, mariner so employed. An unprivileged Will like Codicil can be revoked by the testator only by another Will or by some writing declaring an intention to revoke the same and to be executed in the manner in which an unprivileged Will can be executed under the Act or by burning, tearing or destroying of the same by the testator or by some other person in his presence and by his directions with the intention of revoking the same.

 Who Can Make ‘Will’: Every person who is competent to contract may make a will but he must be major, sound mind and willing to write a Will. Any person who is the sole owner of a self-acquired property can bequeath by way of will. A person of unsound mind can also make a will but only in lucid intervals. A Will cannot be made by some persons i.e. minors, insolvent, persons disqualified under any law by the court. A Will executed by a minor is void and inoperative though a testamentary guardian can be appointed for the minor to dispose off the property. A Will can be made by the deaf and dumb person by showing consent through writing or gestures in sign language. Nothing prevents a prisoner or alien in India from drawing a Will.

 For Whom The ‘Will’ Can Be Made: Any person capable of holding property can be a legatee under a will and therefore a minor, lunatic, a corporation, a Hindu deity and other juristic person can be a legatee. Sections 112 to 117 of ‘Indian Succession Act, 1925’ put some restrictions on the disposition of property by will in certain cases. Dispositions of property by will in some cases have been declared void. If the minor person has been named as legatee by a testator then a guardian should be appointed by the testator himself to manage the bequeathed property.

 What Can Be Bequeath In A ‘Will’: Any movable or immovable property can be disposed off by a will by its owner, that property must be a self acquired property of that person and it should not be an ancestral property of the testator. According to Section: 30 of ‘Hindu Succession Act, 1956’ provides that any Hindu may dispose off by will or other testamentary disposition any property, which is capable of being so, disposed of by him in accordance with law.

 General Procedure To Make A ‘Will’: A ‘Will’ should be prepared with utmost care and must contain several parts to make a complete Will though there is no defined format for making a Will but a general procedure should be adopted while writing a Will by the testator which includes:

1. Declaration In The Beginning: In the first paragraph, person who is making a Will, has to declare that he is making this Will in his full senses and free from any kind of pressure and undue influence and he has to clearly mention his full name, address, age, etc at the time of writing the Will so that it confirms that a person really wishes to write a Will.

2. Details of Property and Documents: The next step is to provide list of items and their current values, like house, land, bank fixed deposits, postal investments, mutual funds, share certificates owned by testator. He must also state the place where he has kept all the documents if the will documents are under safe custody of the bank then testator has to write details about the releasing of the Will from the bank. Here it is the most important duty of the testator to communicate the above matter to the executor of the Will or any other family members, which will make the Will valid after testator death.

3. Details of ownership By The Testator: A testator while making a original Will should specifically mention that who should own his entire property or assets so that it will not affect the interest of the successors after his death. If testator wishes the name of the minor as beneficiary then a custodian of the property should be appointed to manage the property.

4. Attestation of the ‘Will’ : At the end, once the testator complete writing his Will, he must sign the will very carefully in presence of at least two independent witnesses, who have to sign after his signature, certifying that the testator has signed the Will in their presence. The date and place also must be indicated clearly at the bottom of the Will. It is not necessary that a person should sign all the pages of the Will instrument but he must sign to avoid any legal disturbances.

5. Execution of A ‘Will’: On the death of the testator, an executor of the Will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will. If there are no objections, the court will grant probate .A probate is a copy of a Will, certified by the court. A probate is to be treated as conclusive evidence of the genuineness of a Will. In case any objections are raised by any of the heirs, a citation has to be served, calling upon them to consent. This has to be displayed prominently in the court. Thereafter, if no objection is received, the probate will be granted and It is only after that Will comes into effect.

 Registration of ‘Wills’: According to the Section: 18 of the ‘Registration Act, 1908’ the registration of a Will is not compulsory. Once a Will is registered, It is a strong legal evidence that the proper parties had appeared before the registering officers and the latter had attested the same after. The process of registration begins when a Will instrument is deposited to the registrar or sub-registrar of jurisdictional area by the testator himself or his authorised agent. Once the scrutiny of Will instrument is done by the registrar and registrar is satisfied with all the documents then registrar will make the entry in the Register-Book by writing year, month, day and hour of such presentation of the document and will issue a certified copy to the testator. In case if registrar refuses to order Will to be registered then testator himself or his authorised agent can institute a civil suit in a court of law and court will pass decree of registration of Will if court is satisfied with the evidence produced by the plaintiff. A suit can only be filed within 30 days after the refusal of registration by the registrar. If the testator willing to withdraw the Will after the process of registration then a sufficient reason has to be given to registrar, if satisfied he will order for the registration of Will.

 Revocation of ‘Wills’: A Will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by Will. A Will can be revoked by testator of the Will at any point of time which can be classified into two aspects such as:-

• Voluntary Revocation: A testator who wishes to revoke his original Will which is made by him on a specified date and time, he can make revocation of the will himself by writing a subsequent Will or codicil duly executed and by destruction of the previous will, means by burning, tearing, destroying or striking out the signature of the original instrument of a Will.

• Involuntary Revocation: According to the Section: 69 of the Indian Succession Act, 1925 which deals with revocation of will by the testator’s marriage, however this provision does not apply to Hindus. Section 57 of the Indian Succession Act clearly states that a testator’s marriage will not make the Will invalid.

 Probate: It is the copy of the will which is given to the executor together with a certificate granted under the seal of the court and signed, by one of the registrars, certifying that the will has been proved. The application for probate shall be made by petition along with copy of last Will and testament of the deceased to the court of competent jurisdiction. The copy of the will and grant of administration of the testator’s estate together, form the probate. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator. A probate is obtained to authenticate the validity of the will and it is the only proper evidence of the executor’s appointment. The grant of probate to the executor does not confer upon him any title to the property which the testator himself had no right to dispose off which did belong to the testator and over which he had a disposing power with a grant of administration to the estate of the testator. Probate proceedings cannot be referred to Arbitration. The probate court (whether it is the District Court or High Court) has been granted and conferred with exclusive jurisdiction to grant probate of a Will of the deceased.

 ‘Wills’ By Muslims Under ‘Mohammedan Law’: A Will under Mohammedan Law is called as Wasiyat, which means a moral exhortation or a declaration in compliance with moral duty of every Muslim to make arrangements for the distribution of his estate or property. The Mohammedan Law restricts a Muslim person to bequeath his whole property in a will and allows him to bequeath 1/3rd of his estate by writing will, which will take effect after his death. A will may be in the form of oral or written if the will is in writing need not be signed if signed need not be attested. Acc to Shia Law if served bequests are made through a will, priority should be given to determination by the order in which they are mentioned a bequest by way of will. A Will Can be made by a person who is of sound mind, major and possessing a absolute title, in favour of a person who is capable of holding property except unborn persons and heirs. The revocation of will is possible only if the subsequent Will is made by the testator. A Muslim person who is allowed to bequeath 1/3rd of his estate, he can exceed its limit on testamentary power of 1/3rd to 1/4th in case where heirs gives consent or only heir is husband or wife.

 Statutes Relating To ‘Wills’: There are many laws which are dealing with the concept of ‘Wills’ as follows:

Indian Succession Act, 1925

• Hindu Law (Hindus Personal Law)

• Muslim Law (Muslims Personal Law)

• Indian Registration Act, 1908

115 Responses to “‘WILL’ UNDER INDIAN LAW”

  1. amit kumar tiwari

    Kya bhai ne bhatije ko will likh diya to us par dusre bhai ka hak nahi hoga bhai ke sampatti par

    Reply
  2. Krishna

    Hi,

    Is a will valid which bequeaths un-registered property. The property was registered 10 years after the will was made.

    Thanks.

    Reply
  3. E.V.Ittan Pillai

    Dear Sir,

    I have an issue. My father Sri. Ittan Varkey died on 12-02-2015 at the age of 100 years. He wrote a will in favour of me on 18-03-2003 while he was 89 years which was duly registered and my only son who is working abroad managed to get another will signed by my father in his favour on 22-07-2009 while my father was 93 years which was also registered. The second will was written while my father was under treatment for ” advanced Parkingnism and Dimentia” The fist will was not cancelled nor revoked. It was written as a modification and no cancellation fee was paid. Please advice me about the validity of the second will. A case is pending at the Magistrate Court for creating fraudantly a second will.

    Reply
    • Nasir Mohamed

      Under Section 18 of The ‘Registration Act, 1908, though the registration of a Will is not compulsory, once a Will is registered, it becomes a strong legal evidence that the proper parties had appeared before the registering officers and the parties had attested the same.

      Once the scrutiny of Will instrument is done by the Registrar and Registrar is satisfied with all the documents then Registrar will make the entry in the Register-Book by writing year, month, day and hour of such presentation of the document and will issue a certified copy to the testator.

      In this case the attestation by two witnesses who must witness the testator executing the Will will be crucial. The witnesses should sign in the presence of each other and in the presence of the testator.

      It is important to note that either registration or non-registration of a Will does not lead to any inference against the genuineness of a Will. In other words, registration therefore does not give any special sanctity to the Will though registration of the Will by the testator himself evidences the genuineness of the Will.

      Whether registered or not, a Will must be proved as duly and validly executed, as required by the Indian Succession Act. Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen.

      A person who propounds the Will or produce the Will before the Court and wants the Court to rely upon the same has to prove that (i) the Will in question is the legal declaration of the intention of the deceased; (ii) the testator, when executed the Will, was in a sound and disposing state of mind; and (iii) the testator had executed the Will of his own free will, meaning thereby, he was a free agent when he executed the Will

      Moreover, the onus of proof on the plaintiff (or on the persons who propounded the Will in such cases) is of two types – (1) to discharge the burden as regards the legal and valid execution of the Will, (2) to remove the suspicious circumstances surrounding the execution of the Will so as to satisfy the conscience of the Court.

      Reply
  4. MANJULA

    If the sole party decided to write a will of his own property to his sons 50 -50 residing at foreign place. Now the party is residing in her own property, if the will she writes if she stays in her brothers place giving his address, will it affect after the death of party.

    Reply
  5. krishanlalsoin

    Is it a must that a will has to be registered in your own area. i being a senior citizen cant go upto 18 kms from my residence. i have also a sub registrar at 5 kms distance, is it possible i can get it registered there or any such system where i have not to run for registration of my will

    Reply
  6. laxmi chakraborty

    Hi sir,
    few days back I saw the property paper of mine in which my name spelling is different from what I use in my documents, will this affect me in future or I would rather change the spellings.
    Please suggest as soon as possible.
    Thank you

    Reply
  7. Vasanth Madhav

    Whether a property in dispute and pending adjudication of title and share can be bequeathed by a WILL

    Reply
  8. Anuj Singh

    I want to purchase the land of narsing singh who has expired 1 month before.narsingh singh has one son and three daughter.now eachone is selling property only orally not any written document. Is it valid in hindu rule to sell orally divided property of late father.property is self acquired

    Reply
  9. rekha lala

    Meri younger sister ke pati ke death 04 sal pahle ho chuki hai . koi ghar me kamane wala nai hai . kya meri behan apne minor son(under 16 years of age) ke property bech sakthi hai. eska punjab mein ke rule hai. please reply me. thanks

    Reply
  10. abhishek sharma

    what if there are two wills and last will is not registered and second last will is registered.what is the legal point on this issue.

    Reply
  11. NAIR

    hi sir i want give my property to my sister younger son after my death so i made a will and witness is my sisters 2 elder son and i have 2 brother also and the will is not registered so is their any legal value for this will or should i make registered in the sub registrar office please advise me i am from kerala

    Reply
    • sudershan dubey

      sir, mere pita ne unki samast property ko mere chhote bhai ke naam aur uski patni aur bacchu ke naam wiil me likh di hai. yah baat mere chhote bahi aur pita ne mujh se gopniya rakhi, yeah baat mujhe pita ki death ke baad me maalum hui hai jiske kaaran mai dipression mai hu,mujhe dukh is baat ka hai ki mujhe mere pita ne is layak bhi nahi samjah jabki maine hamesh sir, aisi situition mai mujhe kya karana chhahiye.

      Reply
  12. NAIR

    hi sir i there any legal value if the the will is attested by a notary and how can i executive this will please advise me

    Reply
  13. anjani kumara

    kya husband ki deth ke baad wife will ko challenge kar sakti hai.. kya wo apne husband ki property wapas pa sakti hai

    Reply
  14. Rahul

    Hi LegalIndia,

    My grandfather made will for my father around 8 year before after his death my father applied it to district court but due to compromise between uncle and father he revoked the case with some amount,
    but uncle has not given that amount, till today date around 6 year has over, now can he apply it again is there any property law which act is once u revoked the case u cant apply again.??

    Reply
  15. rajee

    property will banane ka kya tareeka hai? examp;e ram ke 3 bete or 1 beti hai to kya ram k beta beti ya ram k pota poti, ram ki property par haq jama sakte hai. agar ram ne will kisi ke naam nai ki,to ya

    Reply
  16. Manjeri Sunder Raj

    Is there to any body’s knowledge any Decision, of the Supreme Court or High Court that a Will attested by one person alone, or by a Notary Public attesting the testator’s signature/thumb impression cannot be contented to be invalid and un acceptable if it is proved u/s 68 Evidence Act by the said sole attester in court.?

    Reply
  17. M S PARTHASARATHY

    Can a will that bequeaths all the testator’s assets to the testator’s spouse also provide for bequeathing the assets to specified others in case the spouse predeceases the testator?

    Thanks

    Reply
  18. Narasingha Das

    Whether an Will can be treated as valid in law after death of the executor, if executor of the Will before his death, sells or dispose of or transfers any portion/quantum of lands, the portion/quantum that was included in the will at the time of execution of the will?

    Reply
  19. Vikas

    Respected Sir
    I wish to know the outcome of the below will

    Mother has made will of house in name of one daughter who has taken care and constructed house can the will be considered valid and execution of the same be done giving other daughters the share as mentioned in will
    Pl sir guide me as a lot of confusion is prevaling in my family

    Reply
  20. Pankaj Parikh

    I like to make will and revoke power of attorney. I also want to add my wife on bank account and delete my nephew name as operating person.
    Can you suggest or provide help
    Thanks

    Reply
  21. anandam

    my motherinlaw died 3 years ago without executing WILL as per the knowledge of her children . All of them amicably shared the property known to them After 1 year their maternal uncle son says that He has a Will of deceased proposing him to own th property

    Reply
  22. Hari

    Sir, My grand mother made a registered will. Legaltee was my father. both of them died. But father died before grand mother. so is the will valid?? as i am the only son of my father will the property comes to me?

    Reply
  23. Trevor Michael

    If a British national residing in India makes a Will, is it valid in India? The Will is in favour of someone not related to him. Or can his sister (Indian national) contest the Will?

    Reply
  24. Trevor Michael

    If a foreign national (British) residing in India owns movable and immovable property in India and makes a Will in favour of a person not related to him, is the will valid or can his legal relatives (sister of Indian nationality) challenge the Will and claim the property?

    Reply
  25. sanjay kumar

    suppose if any lady is owning property on her name n purchased that before her marriage..there is no contribution of her husband in that. after short period of marriage she may go for divorce … in this case she wants to make a will to give her property in her mother name ..only…is it possible…or there my be some objections from her husbans side…

    Reply
  26. Anuj Deshpande

    I wanted to know whether a person can make a will a property that is not in existence right now but it is sure that the property will come into existence in near future..???

    Reply
  27. Ashim Guha

    I am show casing one incident of will…mother makes a will and dies after three years. Will is on three daughters name. Orig will is with youngest daughter and she is not cooperative. Two daughters are in badly need of financial support as one ahs become widow and wants to sell property. What is the solution?

    Reply
  28. Kuldip Singh Lamba

    Can a legally divorced wife who, obtained maintenance during the course of litigation and, a settlement amount on Divorce, claim when her ex-husband inherits a residential flat (in which he is living) through a Will in his favour?

    Reply
  29. Niranjan Gandhi

    You have mentioned that there is no need to sign every page of the Will. However, this may lead to mischief by an heir who can replace the unsigned pages to favour himself using the same typewriter/ printer as the original.

    How can one ensure that this does not happen?

    Reply
  30. venance victor

    I wish to know if testator can make ways on how his body should be disposed after his death and its legality as in TANZANIA,KENYA ,UGANDA laws relating to WILLS

    Reply
  31. Ajay

    I wanted to know if its necessary to register a will. Also, if a will is to be made on a Stamp Paper, what should be the denomination if its made in Mumbai

    Reply
  32. kirtana

    In the Indian sontext, How does one define “ancestral” property? For the testator, is it just property he/she inherited from a parent?

    Reply
  33. Jagadeesh

    I have bought a land based on the will, where the testator has five childrens and he made the will for his two sons. now the three girls have filled a pettition for there share, The will was made on 1984 and i have bought the land on 2013.
    The will is unregistred, but satisfies all the aspect of the will creation and registrar had accepted this and taken legal opinion befor purchase.
    Can I win the case?

    Reply
  34. RS Pawar

    If the executor in the will does not execute the will even after 20 years of death of testator, what legal remedies are available to benifiaries of the will ?

    Reply
  35. pvsn gupta

    executrix of will authorized her sons to sell her site of 150 sq.yds. without any consideration since the executrix received the entire sale consideration from the purchaser. After the death of the executrix the sale deed was executed in favour of the purchaser. Is the transacasiton valid.

    Reply
  36. jayesh parikh

    my father 85 years old wants to make a will of his property, that includes his shares, bank FDs, house from inheritance, Bank A/Cs etc. Pl. guide for the same. My mother aged 80 is also alive. He wants such wil that all his property shared between his three sons equally after the deaths of father & mother.

    Reply
  37. Rajeev Kumar

    my father expired in 2002 last year we came to know that he had executed an will he was suffering from cancer and expired within 2-3 months can I contest the said will on the grounds of his health condition

    Reply
  38. pradeep goyal

    One person had taken a will letter on a plain paper by a thumb impression only during feb. 2005. It is not registered will. Is it legal and acceptable at court.

    Reply
  39. S.K. Kapoor

    Sir,
    I am 63 years old and want to will all my property and bank balances in the name of my two daughters. My who is alive had already willed a property jointly in my name along with my brother’s name. Can I will this property which is yet to be owned.
    Secondly, I have in the process of owning another property which will be handed over to me only after completion in 2015. I have already paid majority of the instalment for this property. Can I will this property too.

    Reply
  40. Avanti

    I have a query , my grandmother had made a will and is registered. Unfortunately we have lost the copy of the will so could you please guide me how to search the will. Is there any particular site for this purpose and the will is registered in Pune , Maharashtra, India

    Reply
  41. Komal

    Dear Dhawesh,

    I came across your website while searching for wills and probate in India and wanted to reach out to you to explore the possibility of business association.

    We are an on line vault of digital assets and help people in digital estate planning. Our global reach and high media coverage in different geographies position us as one of the leaders in this industry.

    As our services complement yours, I believe there is a possibility for us to work together in mutually beneficial ways.

    Please feel free to contact me to discuss further.

    Look forward to your response.

    Thanks & Regards

    Komal

    Founder | +44(0)7768996680 | @plannedeparture

    http://www.PlannedDeparture.com

    blog.planneddeparture.com

    Reply
  42. rajesh thakur

    My grand mother will only two person name but she have three son .so my gr.mother have frod intencity but two bro sing .by frod .we can any leagle action. pl help me

    Reply
  43. Mrs. Shanta Mudaliar

    My Grandfather owned a house at Nagpur(Maharashtra). He left behind him 6 sons, out of which 2 sons died unmarried. Remaining four sons were married and left behind them their legal heirs. I am married daughter of one of the four brothers. The house property still remains un-partitioned. Now the other two married brothers’ families are claiming those two unmarried brothers’ shares in the property stating that they left Wills in their favour. They neither show the Wills nor give any details of their contents, etc. and want to sell the whole property and share the proceeds as a family settlement amongst all legal heirs. I am opposing the Wills stating that no Will could have been written by late two unmarried brothers in respect of ancestral property, as the property share was not acquired by them in their lifetime. I have also asked them to obtain Probate of the disputed Wills. They say that I should go to the Court to file a case against them. I am at Jabalpur (M.P.) and find it difficult to sue them at Nagpur. PLEASE ALSO ADVICE IF A MARRIED DAUGHTER WHO IS NO MORE CITIZEN OF INDIA AFTER HER MARRIAGE CAN ALSO CLAIM HER SHARE IN ANCESTRAL PROPERTY. Please advise on the above two matters and oblige me. With regards,

    Reply
  44. paramveer

    my grand father had a WILL about which my father being the youngest son was not aware.how to get the copy of that WILL from court records.We just know the day of that WILL.

    Reply
  45. kk

    1. Is it necessary to make a will on stamp paper or Plain paper will do

    2. How any one will know that this is the last and final will

    Reply
  46. Kuldip Singh

    I have a registered will in favour of certain person. Now i want to change the will without registering. Will the unregistered will be valid?

    Reply
  47. rohit singh

    a person has made a will .after making will he sell out some of his properties. will that WILL be still alive or it will become void

    Reply
  48. Uday

    My father had purchased a land in 1995 for which i (son) had paid him the total purchase amount and on Rs 10/- stamp paper taken his approval that i have paid the amount. I was not in the city at that time hence father purchased it on his name .
    After fathers death, my two sisters are now asking their share in this property.
    Pl advice what can be done . pl email me.
    Regards,
    Uday

    Reply
  49. Vittala Poojary

    My father made a WILL at his 94 years of age, Will is registered. 3 times he changed the Will and got it registered. 70 Cents land actually owned by him and his wife (my mother who is alive and 85 years of age). In the Will he has stated that his wife, two sons will have equal right along with his 5 daughters and that right ceases after their death. In other words, these 3 persons will have life interest only while other 5 daughters will have absolute rights (they can inherit their share in the property). My questions are – 1. Whether these conditional Will is bad in law and could be contested; 2) whether the will could be attacked because it is made when he is 94 years of age and these 5 daughters have influenced him so as to deprive his daughter-in-laws their rights of inheritance of property of their husbands (i.e. sons wives) and further the Will states after the death of mother her share would go to 5 daughters only equally and not to sons.3. On what other grounds the will could be attacked ? Some of the daughters who never gave single paisa to the parents are also getting equal shares while the eldest son who took care of all the sisters and parents for the last 50 years is given only life interest in the his share of this 70 cents.

    Reply
  50. Pabitra Pal Chopwdhury

    Though registration of a WILL is not mandatory, but if some one submits to the jurisdiction of the Registrar, can be subsequently execute another unregistered WILL without cancelling the registered one?

    Reply
  51. vijay

    we are two brother and one sister.my sister was married and died 5 years ago. my father is alive and 95 years old and pension holder.my father is always living with my younger brother I fear that my father will gives all ancestral property to my brother or he may sell the ancestral property.my question is that whether I can ask to my father for share in ancestral property during his life time legaly. pls pls help me.

    Reply
  52. A.PRAKASH

    It is not nnecessary to Register a will. There is no necessity of getting aill probated in Delhi..But the Bans,SEBI, DDA,HUDA JDA etc stillinsist for a probate. These Organisations should be familiarised with the Rule positio and just say get a Probate done. It costs a lot pf money by way of Court fees and the lawyers fees. An inexperienced lawyer can get the matter hopelessly complicated and time consumong. This aspect should be given wide media publicity

    Reply
  53. M. R. Mallya

    M. R. Mallya
    Dear Sir, Normally, a person desires to keep details of his assets and also beneficiaries a secret. Hence, he does not want the witnesses to know what is bequeathed and to whom. Is it compulsory that the witnesses to the will should know the contents? I shall be thankful if this is clarified.

    Reply
  54. M. R. Mallya

    Dear Sir,

    Normally, a person desires to keep details of his assets and also beneficiaries a secret. Hence, he does not want the witnesses to know what is bequeathed and to whom.

    Is it compulsory that the witnesses to the will should know the contents?

    I shall be thankful if this is clarified.

    Reply
    • Abhi

      No The role of witness is only to assure that testator has signed the document in front of him. Thats it! He has nothing to do with properties details mentioned in that. So dont show any details to testator.

      Reply
  55. Suresh Kumar

    Hello,

    In February, I lost my father without any will. I am the only son and my sisters have no objection for me to be sole successor for all the property. Could you please advise the legal steps for transferring the agreculture land and house in my name.

    Thanks

    Suresh

    Reply
  56. Bala

    Your article was good and I have a question. 1. I and my wife have immovable properties in Chennai, Mumbai and Bangalore; while making WILL, do we have to make separate Wills and all can be mentioned in one Will?
    2. Whether Probate is necessary in the case of immovable property at all?
    Thanks and looking forward to your response.

    Reply
  57. BKG

    The nephew (A)of a Parsi bachleor (B)claims that the (B) can not transfer the property standing in his name to anyone else except the nephew under the Indian Succession Act. Some of the property was self acquired by the (B) and other was bequeathed to him by his late uncle (C) who was also a bachealor. There is registered sale deed where the (C) acquired the property in a Govt. auction. (A) claims that whatever property bought by (B) & (C) is from ancestral funds and hence becomes ancestral property.
    Question 1. Does the principal of ancestral property apply to Parsis under Indian succession Act. The concept of right to ancestral property is alien to Parsis.
    Question 2. Can (A) above lay claim to ancestral property without any evidence.

    Reply
  58. Anil

    Sir,

    I am Anil from M.P. We are 11 bro & sis MY feather died in 10.07.88 We have a house .MY brother has tried to transfer this house and application submit to Municipal coporation in Dcc 12 when this thing has come in to my knowledge I have files a object in to Municipal corporation on 12.12.12 stating that my father died in 1988 and we are 11 bro & sis . So this property should be be transfer in to single name.after that Municipal corporation refused my brother request for name transfer.
    Then my brother has filed a writ petition in MP High Court
    ( on motion) for transfer the property in his name on 20.02.13 under section 226 of Constitution of india And High court instruct to Municipal corporation on 27.02.3 stating that re consider my Bro application and decide this case as per act and and as per document submitted by my Bro.
    then Municipal corporation has transfer this property in to my brother name. Without giving us any change of hearing.
    It has come in to our knowledge on 14.04.13 when we reached to municipal office. Municipal officer informed that Your house has transferred in to your brother name on 03.04.13.

    When I enquired with them they told that your bother has take a order from High court so we have transfer the property.

    We have taken all document from nigam through RTI.
    After checking of document I found that My Bro has produced Will dated 10.01.86 of my father.

    Now my question is that when my father prepared a will in my Bro favour on 10.01.86 and my father died on 10.07.88.
    At the time of my father death we are 4 children was minor .
    After death of my father Will was come in force on 11.07.88 then why my BRO was silent up to 24 years.
    After death of my mother in April 2007 We have try to transfer the house in the name of ALL 11 members. At that time brother had put objection in Nigam . at that time in 2007 why not he has declared the will of my father.why declared now.

    I am 100% sure that whatever will has produced by my brother is totally wrong and illegal .
    Neither high court gave any chance/notice for hearing or Nigam gave any chance to us.
    So I request you please suggest me what should we do. We are not financially sound and my 3 sister is unmarried yet. While my brother has always fraud my father and all family . He kept all money/jewellery . My father also gave him capital to start business in 1882.
    I will be very thankful to you

    Reply
    • kaviraj

      After death of my father my sister wants to transfer the house in her name as my mother is also alive , and she does not want to share the house to any one of son’s ,she has taken mother is under the influence on her side , my father had made a will ,which the copy is not given or shown to me or my bothers ,as we have raised a objection on it. i want know how to clarified this problem .I shall be thankful to show the right way.

      Reply
  59. Ankit

    my unmarried aunt died last year. How can i get to know whether she had a “WILL” or not? From where can i get the copy of the will? Please let me know the concerened department to make an enquiry

    Reply
  60. Madhukar Doshi

    My wife expired on 26.10.2010, A self aquired plot in rajkot(Gujarat) and a self aquired plot in Jamnagar ( Gujarat) are in her name. She left myself,one unmarried son and one married and one unmarried daughters. Now we all want tosale these plots. His movable properties had been distributed equally in books. kindly advise us legal formalities to sale the plots.

    Reply
  61. shadab

    my name is shadab my grand father has done the will in favour to my grand mother and she is dead before my grand father now what will be the will

    Reply
    • rakesh

      My father left will in favour of his grandson ( my son ) in which he had bequeathed the property in favour of his grandson when he attains the age of 21 years to be exclusive owner of property under the guidance of his parents ( me and my wife ) . Now the son is 21 years – is it necessary to get it registered or exercise the right or what is the time that the same exercise to be kept in limbo since I am not on good terms with my wife and the son who has been bequesthed with the property is under the influence of his mother

      Reply
  62. Raj

    Can I make conditional will? that is first to one person and after the death of that person to another person of the same property?
    Is the executor of the will required to present probate to the cooperative society for transferring the flat and share certificates in his name after the death of the testator?
    In case the executor of a will who has obtained probate,wants to sell the immovable property to third person,what documents he is required to produce for the transfer of the property to third person?What documents he is required to submit to the registering documents for transfer?

    Reply
  63. HARISH K MALHOTRA

    Is there any time or limitation period for getting a bequeathed property registered with REGISTRAR as given through WILL by deceased TESTATOR. if yes what is the purpose, procedure and time limit?

    Reply
  64. kd

    My uncle was unmarried and bequeathed his undivided share in ancestral property (old house) to me by a registered will. My uncle passed away in year 2003. Now am I legally owner of his undivided share in the ancestral property by virtue of the said will ? please advice me about the same.

    Reply
  65. pina

    my father had self aquired movable n immovable property. we are 3 sisters n 2 brother. All r married. i m doctor n nri husband took one sided divorce in melbourne court. father made a will n gave propery to mother. i had a small son. can a mother drive me out of house. can a mother do a will?

    Reply
  66. s s prabhakar

    can my father give by his will a property

    My father by his will has given properties to his daughters leaving the sons. the property is ancestral and out of 5 sons 3 have signed the will as witnesses. 30 years elapsed. the 3 sons along with the other 2 (they are unaware of the will) want to contest. kindly elucidate the position.

    Reply
  67. Ashish Mali

    My grandfather made will(Registered) for his for four sons,,,, of his unmovable property but Mamlatdar (Vadodara , Gujarat)want’s Probate for uploading of name in land record,,,, as per discussion with advocate said no need probate for Gujarat state… only metro city need probate for entry in property,,, kindly suggest me what can i do,,,,,

    Reply
  68. jatin patel

    There is one family. father name is rangabhai and mother name is bhuriben.and he has four son. 1)maganbhai 2)kantibhai 3) amrutbhai 4)dahyabhai. rangabhai is owner of all the property. All the property of this family connected with the name of rangabhai.

    In Amrutbhai’s family,there is only one daugher and his wife. And amrutbhai already has deid.

    In maganbhai’s family, there is of his wife, son and two daughter.and duaghter are already married.

    And, dahyabhai is not married.

    In, kantibhai’s family, there is of his wife and two son.

    There is no any will made by rangabhai. so, after the death of rangabhai, how to distribute all the property of rangabhai among his family memers ?

    so please advice me about that as per indian law.

    Reply
  69. Anand Kumar Jain

    Can A widow execute a will of her husband’s share in ancestral property when the succession was opened before 1956 and she got no title to the property except right of maintenance including a roof to live in?

    Reply
  70. MANOJ KUMAR SRIVASTAVA

    WHAT IS THE COST OF STAMP PAPER TO WRITE A VALID WILL. I MEAN HOW MUCH MONEY REQUIRED TO WRITE A VALID WILL. I MEAN THAT WHAT WOULD BE THE COST OF STAMP ON WHICH WILL IS WRITTEN.

    Reply
  71. s p

    can my father give the ancestral property to any of his successor on his personal choice as a right?

    Reply
  72. vikusa

    a)If the property that is willed is in Delhi and the executor is in Mumbai, should the will be probated in Mumbai or Delhi.
    b)If anyone wants to challenge the will which court does he/she file in Mumbai,Delhi or anywhere?

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *