✅ 1. What is a Will?

A Will is a legal declaration by which a person (testator) expresses their intention about how their property should be distributed after death.

It is governed by the Indian Succession Act, 1925, and can be either registered or unregistered. Both are valid, but registration adds legal strength.

🎯 2. Benefits of Registering a Will

Although registration is not mandatory, registering a Will offers several advantages:

📝 3. How to Register a Will in India

Registration is done under Section 40 of the Registration Act, 1908. Here’s the simple step-by-step process:

🪪 Step 1: Draft the Will

• Clearly mention details of the testator, properties, beneficiaries, executor, and any conditions.

🧑‍⚖️ Step 2: Visit the Sub-Registrar

• Go to the Sub-Registrar Office in whose jurisdiction the Will is being executed.

• You may carry the Will with two witnesses (who also sign the Will).

📅 Step 3: Execution and Witnesses

• The testator must sign (or affix thumb impression) in presence of two witnesses, who also sign in presence of the testator.

🧾 Step 4: Pay Nominal Registration Fees

• The fee for registering a Will is very minimal (usually ₹100 or less, depending on the state).

📚 Step 5: Registration

• The Will is recorded and securely stored by the Registrar.

• The testator can later revoke or replace the Will by executing a fresh one.

📌 Important Notes:

• A Will can be registered even after the death of the testator by the executor or legal heirs.

• Even a registered Will can be challenged in court, but it has stronger evidentiary value.

A Will in India is governed by the Indian Succession Act, 1925, primarily under Section 2(h) and Sections 59 to 63.

A Will is defined as a legal declaration of a person’s intention concerning the distribution of their property after death.

✅ Essentials of a Valid Will

For a Will to be legally valid in India, it must satisfy the following conditions:

1. Capacity of the Testator

As per Section 59 of the Indian Succession Act:

• The person must be 18 years or older.

• The person must be of sound mind at the time of making the Will.

• A person who is insane may make a Will only during lucid intervals.

2. Voluntary Intention

• The Will must be made voluntarily, without coercion, undue influence, fraud, or pressure.

3. Written Document

• Though oral Wills (called nuncupative Wills) are allowed in rare customary cases (especially among soldiers or armed personnel), a written Will is always advisable.

4. Signature by the Testator (Section 63(a))

• The Will must be signed or thumb-marked by the testator.

• The signature should appear in such a way that it indicates the testator’s intention to give effect to the Will.

5. Attestation by Two Witnesses (Section 63(c))

• The Will must be attested by at least two witnesses.

• Both witnesses must:

  • See the testator sign the Will.

  • Sign the Will in the presence of the testator.

• Witnesses need not read the contents of the Will.

6. Date and Place (Though Not Mandatory, Highly Recommended)

• Though not legally required, it’s advisable to mention the date and place where the Will is executed to avoid disputes and ensure clarity.

7. Registration (Optional but Useful)

• A Will need not be registered under the Registration Act, 1908.

• But registering a Will with the sub-registrar enhances its authenticity and legal strength, especially in case of disputes.

The validity of a Will in India is governed primarily by:

• Indian Succession Act, 1925 (especially Sections 59, 61, and 63)

• Indian Evidence Act, 1872

A Will (Testamentary Document) must fulfill certain conditions to be valid. If these are not met, the Will can be declared invalid by a court.

Conditions Under Which a Will is NOT Valid

Here are the most common legal grounds on which a Will may be held invalid:

1. Lack of Testamentary Capacity

Under Section 59 of the Indian Succession Act:

“Every person of sound mind not being a minor may dispose of his property by Will.”

A Will is invalid if:

• The person (testator) is a minor (under 18 years).

• The person is of unsound mind, intoxicated, or insane at the time of making the Will.

2. Absence of Free Will / Coercion / Undue Influence / Fraud

As per Section 61:

“A Will or any part of a Will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void.”

Invalid if:

• The Will was made under threat, pressure, or manipulation.

• The testator was forced to include or exclude someone.

• Fraud was played upon the testator about the contents.

3. Improper Execution

As per Section 63 of the Act:

“The Will shall be signed by the testator and attested by two or more witnesses.”

Invalid if:

• The Will is not signed by the testator.

• It is not attested by at least two witnesses in the presence of the testator.

• Witnesses are not competent (minor or mentally unsound).

4. Forgery or Tampering

A Will is invalid if:

• It is forged, altered, or tampered with after execution.

• Any page or signature is missing or replaced.

5. Suspicion or Unnatural Dispositions

The court may declare a Will invalid if:

• There are suspicious circumstances, like:

  • Major beneficiaries involved in drafting the Will.

  • Sudden change in beneficiary just before death.

• The Will disinherits natural heirs without reason.

• The testator was seriously ill or incapacitated at the time of execution.

6. Revocation of Will

Under Section 62, a Will becomes invalid if:

“A Will may be revoked by the testator at any time when he is competent to dispose of his property by Will.”

A Will is invalid if:

• A new Will is made (latest one prevails).

• The testator destroys it voluntarily.

• The Will is replaced by a registered codicil or another registered Will.

When Can a Will Be Changed?

A Will can be changed at any time during the lifetime of the person who made it (testator) as long as they are of sound mind.

There is no limit to how many times a Will can be changed.

Changes can be made in two ways:

1. By Executing a New Will:

   • This is the most common and safest method.

   • The latest Will revokes all previous Wills automatically if it clearly says so.

2. By a Codicil:

   • A codicil is a written and signed document that modifies certain parts of the existing Will without replacing it entirely.

   • It must be executed in the same manner as a Will (i.e., signed and attested by two witnesses).

Legal Impact on the Old Will

• If a new Will is made, the old Will becomes invalid from the date the new Will is executed—only the latest valid Will is enforceable.

• If only a Codicil is made, then the original Will remains valid, but the specific changes mentioned in the codicil override the corresponding parts of the original Will.

Yes, a share in the property of a Hindu Undivided Family (HUF) can be bequeathed under a Will, but this depends on whether the person has an independent right over the share at the time of death. Let’s understand this with proper legal context, sections, and examples under Hindu Succession Act, 1956, and the Indian Succession Act, 1925.

Legal Position: Can HUF Property Share Be Bequeathed via Will?

1. No Individual Ownership in Undivided HUF Property

In a running HUF, no coparcener (member) has a fixed or identifiable share unless a partition has taken place.Therefore, during the existence of an HUF, a coparcener cannot WILL a specific portion of HUF property.

2. Exception: After Partition or Death of Coparcener

If:

• The HUF is partitioned (even notional), or

• The person dies (and thereby his share in HUF becomes clear),

 Then the deceased coparcener’s share can be bequeathed through a Will.

Legal Provisions Involved

Supreme Court’s Clarification

In Gurunath Radhakrishna vs. Raghunath Radhakrishna (2011), the Court held that:

“A coparcener can dispose of his undivided share in HUF property by Will, subject to his share being ascertainable.”