Wills, Probate & Succession

“Will” indicates the lawful announcement of the objective of testator with regard to his residence which he preferred to be taken after the impact of his loss of life.

A will is a legitimate personality of a residing individual to take impact after his loss of life, to bogus impact after his loss of life of his non reusable residence but in law Ultimate volunteers in the program is used where areas or tenements are developed, and Testament, when it concerns chattels.

The term “will” is commonly known and used and it has a well recognized importance as significance a personality which is to take the impact on the loss of life of an individual. “Will” has been described in Area 2 (h) of the Sequence Act to mean the lawful announcement of the objective of a testator with regard of his residence which he wishes to be taken into the impact after his loss of life.

A will, therefore, will depend on the testators loss of life for is vitality and impact. The major analyze to be used is, whether the personality becomes effective during the lifetime of the executants of the action, or, whether it becomes effective after his death. There is no argument to one aspect of a device managing in presenting as an action and another in the future as a will.

A will or any aspect of the will, the creating of which has been expensed by scams or coercion, or by such signs as taken away from the organization the testator is a gap. A well created by a Hindu, Buddhist, Sikh or Jain is controlled by the conditions of the Native Indian Sequence Act, 1925. However Mohammedan is not controlled by the Native Indian Sequence Act, 1925 and they can get rid of their residence according to Islamic Law.

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FAQ:

Q. what are the rights of children on a mother’s property after her death?

A: According to the laws of succession in India, if a mother leaves a will then and the bill is properly registered and executed, then the will would prevail. And if there is no will, then all the children and husband has full rights on that property. So all children of a woman have full rights, irrespective of whether it is a son or a daughter on a mother’s property.

Q. Can a father give his property to only one son?

A: A man has full rights over his property and he can give it to one son, two sons or to the daughter. He can even give it to a third person or anybody if he is still alive. eg: He can do a transfer deed, which is unchallengeable once he gives it to a person and the others wont have any rights on it.. If he decides, can use a transfer deed, a gift deed, a sale deed( if he is selling the property to just one son) any of these methods are fully legal. And generally people do use these methods depending on the complexity of a particular situation.

Now, if he’s not alive. and he’s made a will and he has given the property to one son and has kept the others out. Well, that “WILL” can be challenged. If a property has not gone to one of the legal heirs lers who are the natural legal heirs or the class one legal heirs , and he has chosen to give it to one or two and leave out the rest or leave out just one person as he may deemed fit, he can very well do so through Will, which is executed after his death. And the only thing is that “WILL” can be challenged by the other legal heirs who were not the beneficiaries of that WILL. And that can become a subject matter of the courts and litigation can take place. And then whether that bill is genuine, whether that bill is right, depends on the validity of the WILL is the subject matter of the court’s decision and once the court adjudicates on it, gives an order, then the court order prevails, whether they uphold the WILL or they set aside the WILL.

And on other note, let me also tell you that under the Indian law, WILL is not the primary document of succession in India. There is a definite and a clear preference to natural law of succession(all the class one legal heir). That is when a man is deceased. It is his wife and children, all of them who inherit the property has equal shares. And when a woman dies, if it is a self acquired, then it is husband and children. And if it is ancestral, then it is only the children. So this is how the natural succession progresses in India and there is a lot of difference over the way