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What is a joint will, how to execute it?
A Joint Will is a single testamentary document executed by two or more persons (typically husband and wife) who: Make mutual bequests, and Agree that the Will shall take effect after the death of both How to Execute a Joint Will? ✅ Step-by-Step Guide: Drafting the Will: Clearly mention that it's a JRead more
A Joint Will is a single testamentary document executed by two or more persons (typically husband and wife) who:
Make mutual bequests, and
Agree that the Will shall take effect after the death of both
How to Execute a Joint Will?
✅ Step-by-Step Guide:
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See lessDrafting the Will:
Clearly mention that it’s a Joint Will.
Identify each testator and their share of property.
Specify the mutual and individual bequests.
Signatures:
Both testators must sign the Will in presence of at least two witnesses.
Witnesses:
Witnesses must attest the Will in the presence of both testators.
Witnesses should not be beneficiaries.
Registration (Optional but Recommended):
Though not mandatory, registration under the Indian Registration Act, 1908 adds legal strength and reduces chances of dispute.
Preserve the Original Will:
Store safely and inform the heirs/executor about its location.
In what conditions will is not valid in the eye of Law
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. ConditioRead more
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 is invalid if:
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See lessA new Will is made (latest one prevails).
The testator destroys it voluntarily.
The Will is replaced by a registered codicil or another registered Will.
What is Probate of a will? Is it mandatory for all wills?
As per Section 2(f) of the Act: "Probate means a copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator." Probate is compulsory when: The Will is made by a Hindu, Buddhist, Sikh or Jain, and The Will relates to immovaRead more
As per Section 2(f) of the Act:
“Probate means a copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator.”
Probate is compulsory when:
The Will is made by a Hindu, Buddhist, Sikh or Jain, and
The Will relates to immovable property located in:
Mumbai
Chennai (Madras)
Kolkata (Calcutta)
This is because these are the presidency towns as per the law.
See lessWhat are the requirement of a Valid Will?
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 validRead more
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)
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See lessA 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.
How do I revise my will?
Under the Indian Succession Act, 1925, a testator (person making the Will) has full legal right to revise, modify, or revoke their Will any time before their death, provided they are of sound mind and acting voluntarily. Two Legal Ways to Revise a Will ✅ 1. By Making a Codicil A Codicil is a supplemRead more
Under the Indian Succession Act, 1925, a testator (person making the Will) has full legal right to revise, modify, or revoke their Will any time before their death, provided they are of sound mind and acting voluntarily.
Two Legal Ways to Revise a Will
✅ 1. By Making a Codicil
A Codicil is a supplementary legal document used to modify, add to, or revoke part(s) of an existing Will.
It should:
Refer clearly to the original Will.
Be signed by the testator.
Be attested by two witnesses, just like a Will.
Example use: “I wish to change the executor named in my Will dated 5th June 2020. Instead of Mr. X, I now appoint Mr. Y.”
✅ Advantage: Simple way to make small changes.
✅ 2. By Making a New Will
If changes are major (e.g., change in property, beneficiaries, or intentions), it is advisable to:
Draft a completely new Will.
Clearly revoke all previous Wills and codicils.
Sign the new Will in the presence of two witnesses.
(Optional but recommended) Register the new Will under Section 40 of the Registration Act, 1908, to avoid disputes.
Important Legal Tip:
Simply tearing or destroying the old Will without creating a new one can cause confusion and disputes.
Is Registration of Revised Will Mandatory?
No, registration is not mandatory, but it gives stronger legal evidence of authenticity and prevents tampering.
Conclusion:
You can revise your Will:
For minor changes → Use a Codicil.
For major changes → Draft a New Will with revocation clause.
Both must follow the same execution process — signed by the testator in presence of two witnesses.
See lessWhat is the benefit of registering a Will and how to register it?
✅ 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 addsRead more
✅ 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:
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See lessA 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.
Whether the subsidiary of a foreign company be termed as public company or private company as per the Companies Act, 2013.
A subsidiary of a foreign company registered in India will be treated as a public company under the Companies Act, 2013, if its holding foreign company is a body corporate that would be classified as a public company if registered in India. As per the Explanation to Section 2(71) of the Companies AcRead more
A subsidiary of a foreign company registered in India will be treated as a public company under the Companies Act, 2013, if its holding foreign company is a body corporate that would be classified as a public company if registered in India.
As per the Explanation to Section 2(71) of the Companies Act, 2013:
“A company which is a subsidiary of a company, not being a private company, shall be deemed to be a public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles.”
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