Legality of a Will

 Legality of a Will in India – Key Aspects

A Will is a legal document that outlines how a person’s property and assets will be distributed after their death. In India, the legality of a Will is governed by the Indian Succession Act, 1925.

Essential Requirements for a Valid Will:

Made by a Sound Mind – The testator (person making the Will) must be of sound mind and not under coercion, fraud, or undue influence.

Written Document – A Will must be in writing (except for Muslim personal law, which allows oral Wills in some cases).

Clear Intention – It should clearly specify the beneficiaries and division of property.

Signed by the Testator – The Will must be signed or thumb-impressed by the testator.

Signed by Two Witnesses – Two witnesses must sign the Will, confirming that they saw the testator sign it.

Types of Wills:

Unregistered Will – Legally valid, but can be challenged more easily.

Registered Will – Registered at the Sub-Registrar’s Office for stronger legal standing.

Holographic Will – Fully handwritten by the testator, which may carry stronger authenticity.

Can a Will Be Challenged?
Yes, a Will can be challenged in court on grounds such as: Legality of a Will.

Fraud or forgery

Lack of mental capacity of the testator

Undue influence or coercion

Absence of proper witnesses

Probate of a Will

Required in Delhi, Mumbai, Kolkata, and Chennai for enforcement.

It is a court-certified validation of the Will, ensuring authenticity.

Definition of a Will

A Will is a legal document through which a person (testator) expresses their wishes regarding the distribution of their assets, property, and wealth after their death. It ensures that their estate is passed on according to their desires.

Legal Definition (Indian Succession Act, 1925 – Section 2(h))
“Will means the legal declaration of the intention of a testator concerning his property which he desires to be carried into effect after his death.”

Key Features of a Will:

Legal Declaration – A Will must be legally valid and made voluntarily.
Relates to Property & Assets – Specifies the distribution of movable and immovable property.
Takes Effect After Death – A Will has no effect while the testator is alive.
Can Be Changed or Revoked – The testator can modify or cancel it anytime before death.

Whenever you are going to create a will regarding your movable or immovable property, take care about the content of the will and ensure it is a proper draft with the proper property details in clear and precise way, so in the future there will not be any legal issues.

If you are NRI and facing any challenges regarding “Will” and NRI property. You can visit us and learn many things and get proper assistance- NRI property matters, NRI property division issues, NRI property taking care issue, NRI property possession issues, NRI property tenant issues, and so on.

Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can just consult a legal expert.

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