The Indian Succession Act 1925 includes characteristics of a legitimate Will, importance of getting a Will and the way Hindu Law governs Testamentary succession. In simple terms, it’s defined because the succession of property by a Will or Testament. As per applicable rules of law. As per Hindu Law, any male or female can make a Will to transfer his or her property or assets to anyone. the desire is treated as valid and enforceable by law. a crucial point to note here is that the transfer of property happens as per provisions mentioned within the desire and not as per the inheritance law. However, if the will is invalid or illegal then the transfer or devolution of property happens as per the law of inheritance. Alternatively, Testamentary succession is additionally mentioned as right of inheritance.
COMMON TERMS RELATED TO TESTAMENTARY SUCCESSION UNDER HINDU LAW:
It is important to understand the frequently used terms which can sound complicated but are easy to interpret. They are:
• Will – A legal declaration created by an individual expressing clear intention or wish with regards to how his or her property and assets are going to be transferred after death.
• Testator – an individual who creates his or her Will.
• Executor – an individual appointed by the Testator for executing the desire .
• Administrator – an individual appointed by the Court for executing the desire .
• Attestation of Will – it’s the method of signing the desire by two witnesses to verify the signatures of the executant.
• Codicil – A legal instrument made by Testator and signed by two witnesses for creating minor changes within the Will that has already been executed.
• Probate – it’s a documentary evidence of the appointment of the Executor and establishes the validity of the desire .
• Letter of Administration – A certificate granted by the Court for appointing an Administrator of the desire .
CHARACTERISTICS OF A LEGITIMATE WILL:
A Testator must consider the next essential characteristics while creating his or her Will:
• It’s a document expressing the testator’s clear intentions or desire with reference to transfer of his or her assets or property.
• It is often created by a person aged 18 years or above who is capable of getting into an agreement.
• an individual influenced by alcohol or fear or suffering from illness or fraud cannot make a Will.
• The Indian Succession Act, 1925 doesn’t prescribe any specific format of writing a Will.
• The Testator should sign the desire which should be countersigned by two witnesses. In cases where the testator cannot sign, thumb impressions of the testator should be taken.
• The signature of the testator should appear at rock bottom of the page or at the top of the contents of the desire .
• The witnesses to the desire shouldn’t be the beneficiaries themselves.
• A Will comes into force only after the death of the testator.
Each person wishes that his legal heirs stay an area of the cohesive family even after his or her death which there aren’t any fights over property matters. After all, fair division of property could also be a sensitive matter. The testator must clearly document his or her desires with regard to the assets that his legal heirs would perform after his or her death. the desire must clearly state how the testator’s property are getting to be transferred, to whom it’ll be transferred, what proportion share of property are getting to be transferred to different heirs then on.
It is always advisable to write down a well thought and an honest Will. just in case of any ambiguity or within the absence of a Will, there’s a chance that the legal heirs of the deceased would engage in unwanted ugly legal battles for claiming their rightful share. In India, Testamentary succession is governed by The Indian Succession Act 1925 including the intestate succession. most significantly , this law extends to the whole of India but is simply applicable to the Wills and codicils of Hindus, Sikhs, Buddhists and Jains by religion. Also, for Hindus, the intestate succession and each one its exceptions are codified within the Hindu Succession Act, 1956. It doesn’t apply to Muslims, Christians, Parsis and Jews. for instance , Muslims are allowed to dispose their property and assets according to Muslim Law.
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