INDIAN SUCCESSION ACT
WILL MEANS A 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 WILL DECLARES THE PERSONS INTENTION TO BE PERFORMED AFTER
HIS DEATH.
HENCE IT WILL TAKE EFFECT ONLY THE DATE OF TESTATORS DEATH.
THE WILL MAY BE REVOKED IN LIFETIME.
INDIAN SUCCESSION ACT:
A LEGAL DECLARATION OF THE INTENTION OF A
TESTATOR WITH RESPECT TO HIS PROPERTY WHICH HE DESIRES TO BE CARRIED INTO
EFFECT AFTER HIS DEATH.
THE GENERAL CLAUSES ACT:
WILL INCLUDED A CODICIL
AND EVERY WRITING MAKING A VOLUNTARY POSTHUMOUS DISPOSITION OF PROPERTY
ESSENTIAL CHARACTERISTICS OF A WILL:
LEGAL DECLARATION: ACCORDING TO SECTION 2 OF THE INDIAN SUCCESSION
ACT “WILL” IS A LEGAL DECLARATION OF THE
INTENTION OF A TESTTATOR WITH RESPECT WITH RESPECT TO HIS PROPERTY. WHICH
REQUIRE TO BE ATTESTED. AS PER SECTION 282 ANY FALSE DECLARATION IS
PUNISHABLE UNDER SECTION 193 OF INDIAN PENAL CODE.
IT MUST TAKE EFFECT ONLY AFTER THE DEATH OF MAKER: A WILL TAKES
EFFECT ONLY AFTER THE DEATH OF THE MAKER. THE TESTATOR MUST DESIRE HIS INTENTION
TO BE CARRIED INTO EFFECT AFTER HIS DEATH.
THE DECLARATION MUST RELATE TO HIS PROPERTY: ACCORDING TO SECTION 2 OF THE ACT THE DECLARATION OF
THE INTENTION OF THE TESTATOR MUST RELATE TO HIS PROPERTY WHICH HE DECLARES TO
BE CARRIED INTO EFFECT AFTER HIS DEATH. IF THE TESTATOR INTENTION IS TO DISPOSE
THE PROPERTY BEFORE HIS DEATH, IT IS NOT A WILL.
IT MUST BE REVOCABLE DURING THE LIFETIME OF THE
MAKER: THE WILL IS REVOCABLE
UNLIKE DEED. IT MUST BE REVOKED DURING THE LIFETIME OF THE MAKER OF THE WILL.
ACCORDING to SECTION 69, IT CAN BE REVOKED BY THE MARRIAGE OF THE MAKER. THE WILL
MADE BY TESTATOR PRIOR TO HIS STANDS REVOKED BY THE SUBSEQUENT MARRIAGE.
CAPACITY TO EXECUTE: ACCORDING
SECTION 59 THE TESTATOR MUST HAVE TESTAMENTARY CAPACITY WITH SOUND MIND.
PERSON CAPABLE OF MAKING
WILL: SECTION 59 EVERY PERSON OF SOUND
MIND NOT BEING MINOR MAY DISPOSE OF HIS PROPERTY BY WILL.
1. A MARRIED WOMEN MAY DISPOSE
BY WILL OF ANY PROPERTY, WHICH SHE COULD ALIENATE BY HER OWN ACT DURING HER
LIFE.
2.PERSON WHO ARE
DEAF/DUMB/BLIND ARE THEREBY INCAPACITATED FOR MAKING A WILL IF THEY ARE ABLE TO
KNOW THEY DO BY IT.
3.A PERSON WHO IS
ORDINARILY INSANE MAY MAKE A WILL DURING AN INTERVAL IN WHICH HE IS OF SOUND
MIND.
4.NO PERSON CAN MAKE A
WILL HE IS IN SUCH A STATE OF MIND WHETHER ARISING FROM INTOXICATION OR FROM
ILLNESS OR FROM ANY OTHER CAUSE, THAT HE DOES NOT KNOW WHAT HE IS DOING.
PERSON INCAPABLE OF MAKING WILL:
SECTION 59 PERSON WHO HAVE
NO TESTAMENTARY CAPACITY CANNOT MAKE WILL. HENCE THE FOLLOWING PERSON CANNOT
MAKE A WILL.
1.MINORS
2.LUNATICS
3.DEAF/DUMB WITHOUT
TESTAMENTARY CAPACITY
4.INTOXICATED PERSON
