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Which act govern the will?
Which Act Governs a Will in India? The Indian Succession Act, 1925 is the main law governing wills in India. It applies to most communities, except Muslims, whose wills are governed by personal law.
Which Act Governs a Will in India?
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See lessThe Indian Succession Act, 1925 is the main law governing wills in India.
It applies to most communities, except Muslims, whose wills are governed by personal law.
Who can be a witness of a will?
Who Can Be a Witness to a Will? A witness to a will is someone who observes the testator (the person making the will) sign or affix his/her mark on the document and then signs the will themselves to confirm that they witnessed this act.Witnesses are crucial because their signatures legally authenticRead more
Who Can Be a Witness to a Will?
A witness to a will is someone who observes the testator (the person making the will) sign or affix his/her mark on the document and then signs the will themselves to confirm that they witnessed this act.
Witnesses are crucial because their signatures legally authenticate the execution of the will.
Legal Requirements under the Indian Succession Act, 1925
According to Section 63(c) of the Act:
A will must be attested by at least two witnesses.
Each witness must have seen the testator sign the will, or must have received a personal acknowledgment from the testator that it was signed by him.
Each witness must sign the will in the presence of the testator (though both witnesses need not sign at the same time).
These witnesses confirm that the will was made voluntarily and genuinely by the testator.
Who can become a Witness?
Any competent adult can be a witness, provided they:
Are of sound mind;
Can understand the nature of the act; and
Are capable of giving evidence in court if required.
There is no legal bar on relatives, friends, or associates acting as witnesses. However, to avoid later disputes, it is advisable not to choose beneficiaries (people who will inherit under the will) as witnesses.
Can a Beneficiary Be a Witness?
Yes — but with an important qualification under Section 67 of the Act:
See lessA will attested by a beneficiary (or their spouse) remains valid, but the gift or legacy given to that beneficiary becomes void.
This means the person can still act as a witness, but they lose their right to inherit under that will.
Who is an executor? Is it mandatory to appoint an executor for a will?
Who is an Executor in a will? An executor is the person named in a will to carry out the directions of the testator (the person making the will) after their death. The executor’s main duties include collecting the deceased’s assets, paying off debts and taxes, and distributing the remaining estate aRead more
Who is an Executor in a will?
An executor is the person named in a will to carry out the directions of the testator (the person making the will) after their death. The executor’s main duties include collecting the deceased’s assets, paying off debts and taxes, and distributing the remaining estate among the beneficiaries according to the will.
Under Section 2(c) of the Indian Succession Act, 1925, an executor is defined as a person to whom the execution of the last will of a deceased person is, by the testator’s appointment, confided.
In practical terms, the executor acts as the legal representative of the deceased for the administration of the estate.
Is It Mandatory to Appoint an Executor?
No, it is not mandatory under Indian law to appoint an executor in a will.
However, appointing one is strongly advisable, because:
Ease of administration: Without an executor, the beneficiaries or legal heirs may need to approach the court to appoint an administrator under Sections 231–234 of the Indian Succession Act, which can delay the settlement process.
Legal recognition: If an executor is named, he or she can apply for a probate of the will — a court order certifying that the will is genuine and that the executor has authority to act.
Conflict resolution: An executor helps ensure that the testator’s wishes are carried out fairly, minimizing disputes among heirs.
If a will does not name an executor, the court may appoint an administrator to perform similar duties. This does not invalidate the will, but it can make the process slower and more formal.
Conclusion:
While not legally mandatory, appointing an executor provides clarity, authority, and efficiency in executing the will. A trustworthy and competent executor helps ensure the testator’s wishes are implemented smoothly, saving the heirs from potential legal complications later.
See lessHow to withdraw PF from previous organisation?
Hi, below is the process to withdraw PF from your previous organization's PF Trust account. Keep ready the below documents : UAN and PF account number (if you have it) Aadhaar (copy), PAN (copy) Cancelled cheque or passbook page showing your bank account + IFSC Resignation/relieving letter and dateRead more
Hi, below is the process to withdraw PF from your previous organization’s PF Trust account.
2. Fill the form 19. This form can be downloaded from EPFO website or you can ask the HR of your previous organization to provide you with the same
3. Write to HR to pay you the final PF amount or transfer it to your next employer’s PF trust/EPFO account. You can send your payment request through email or by any other means as well. Add all documents mentioned above as an attachment.
4. In case you don’t receive any reply from the HR of your previous organization, or they don’t cooperate, you may lodge a grievance on EPFO’s grievance portal (EPFiGMS). For that, you can register as a “PF Member” and give your UAN / details; EPFO will route the grievance to the correct office.
5. If the EPFO response is unsatisfactory, you may escalate through CPGRAMS/PMO as a final remedy.
See lessWhat tds % to be deducted by buyer for property from NRI seller assuming selling is making LTGC
Hi Ankit, Buying a property from an NRI will require deducting TDS at 12.5% on the sale price under Section 195, assuming it is a long-term capital gain and the transfer took place on or after July 23, 2024. If it was before this date, then the rate will be 20% on the sale price. Surcharges will beRead more
Hi Ankit,
Buying a property from an NRI will require deducting TDS at 12.5% on the sale price under Section 195, assuming it is a long-term capital gain and the transfer took place on or after July 23, 2024. If it was before this date, then the rate will be 20% on the sale price.
Surcharges will be applicable at 10% if the sale consideration is between 50 lakhs to 1 Cr and 15% if more than 1 Cr.
Health and Education cess @ 4% applicable on the tax additionally.
Please read my previous answer for the details on the process of deduction.
See lessIs the Notarization or Registration of a will mandatory?
No, Notarization or Registration of a Will is Not Mandatory under Indian Law.But both are optional legal steps that can help reduce disputes and strengthen the Will’s authenticity. Section 63 of the Indian Succession Act, 1925: It lays down only three mandatory conditions for a valid Will: It must bRead more
No, Notarization or Registration of a Will is Not Mandatory under Indian Law.But both are optional legal steps that can help reduce disputes and strengthen the Will’s authenticity.
Section 63 of the Indian Succession Act, 1925:
It lays down only three mandatory conditions for a valid Will:
It must be in writing.
Signed by the testator.
Attested by two or more witnesses.
Also, Section 18(e) of the Registration Act, 1908 says that
See lessCan I mentioned my ancestors property in to my will?
Hi You can mention ancestral property in your Will only to the extent of your own share.You cannot will the entire ancestral property if it belongs to a Hindu Undivided Family (HUF) or is undivided. To avoid future disputes: Clearly state in the Will whether the property is self-acquired or ancestraRead more
Hi
You can mention ancestral property in your Will only to the extent of your own share.
You cannot will the entire ancestral property if it belongs to a Hindu Undivided Family (HUF) or is undivided.
To avoid future disputes:
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See lessClearly state in the Will whether the property is self-acquired or ancestral.
If it is ancestral and you are bequeathing only your share, mention it specifically.
You may include a declaration in your Will like: