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Will Under Indian Law - 2

  Kindly refer below link for previous part https://adityalaw.blogspot.com/2024/04/will-under-indian-law-1.html   20. Procedure for Registering a Will - To register a Will, the testator or executor may take it to a Registrar or Sub-registrar. Under Section 40(11) of the Indian Registration Act, The Will given for registration can be withdrawn at any time and is not binding until the executor's death. In K.S.Reddy vs. M.S.Reddi, AIR 1943, Mad.332, 'A' left a Will for his minor widow 'B' on the day before his death. The Will was registered after being presented for registration by the father of 'B'. The Will registration was found to be valid.   21. Professional Witnesses cannot attest to a will as they are always present in the Sub-registrar's office hallways. A will must be witnessed by two or more individuals. This is an extremely critical criterion. The Indian Succession Act, 1925 requires the Will to be 'attested' by two or more witnes...
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Legal Updates

·        The Supreme Court in the matter of State of Punjab v. Gurpreet Singh & Ors., has held that while exercising the powers under Article 136 of the Constitution of India, 1950 (COI) the Court can interfere with the order of the acquittal if the acquittal of an accused would lead to a significant miscarriage of justice. ·        The Supreme Court in the matter of High Court Bar Association Allahabad v. State of Uttar Pradesh & Ors., has overturned the 2018 Asian Resurfacing judgment and set aside the automatic stay vacation rule. The Supreme Court also issued crucial guidelines on the exercise of its powers under Article 142 of the Constitution of India, 1950 (COI). ·        The Allahabad High Court in the matter of M/S Genius Ortho Industries v. Union of India and Ors., has held that the writ jurisdiction under Article 226 of the Constitution of India, 1950 (COI) can only be exerci...
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Legal Updates

  ·        The Bombay High Court in the matter of Kunal Kamra v. Union of India & Connected Matters., has held the proposed Fact Check Unit under the 2023 amendment to the Information & Technology Rules 2021 directly infringed fundamental rights provided under Article 19(1) (g) of the Constitution of India, 1950 (COI) due to the differential treatment between online and print content. ·        Recently, the Bombay High Court in the matter of XYZ & ABC v. Union of India has held that reproductive health is a facet of personal liberty under the provisions of Article 21 of the Constitution of India, 1950 (COI). ·        The Supreme Court in the matter of Rupashree H. R. v. The State of Karnataka & Ors., has held that the right to defend oneself is a fundamental right under the Constitution of India, 1950 (COI). ·        The Madras High Court in ...
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Will Under Indian Law - 1

  Kindly refer Part 1 https://adityalaw.blogspot.com/2024/03/will-under-indian-law.html 11.Witnesses:- Witnesses must possess the capacity to act as Such. Because an attesting witness must be capable of physical and mental presence when the tesator signs the Will. Blind persons and persons of unsound mind cannot be competent witnesses. It is important to note that a beneficiary or his/her spouse should not witness a Will "Benefit" includes the benefit of a charging clause given to an executor. It is normal to include such a clause in a Will appointing a professional executor, for example, an Advocate. ln such a case the Advocate/Executor shall not act as a witness. It is advisable, non-beneficiary witnesses alone shall sign on the Will. 12.Choice of Executors:- The choice of appointing an executor depends upon the settled views of the testator. Appointing an executor's depends on several factors. The size and nature of the estate. If the estate is small or when ...
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Will under Indian Law

  1.   Meaning of A Will : A will is a property disposition made during a person's lifetime that is intended to be effective after death. Section 2(h) of the Indian Succession Act, 1925 defines the term "will". The term "will" refers to the legal disposition of a testator's wishes regarding their property after death. A Will is a legal declaration of a person's wishes to be carried out after death. Making a Will is the only way to ensure that a person's property is peacefully transferred after death, avoiding disputes and complications. 2.   Characteristics of a Will : The following are four major characteristics of a Will: A Will must be intended to take effect after the testator's death. A Will can be revoked by the testator at any time. Wills are typically used to dispose of property, but they can also be used to create trusts and appoint executors.   A Will can also be used to appoint guardians for minors.   3.   Will and Be...
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