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Can share in the property of Hindu Undivided Family be bequeathed under 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, 1956Read more
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.”
See lessHow to protect the interest of minor child through will?
The Indian Succession Act, 1925 provides the legal framework to secure their financial and personal welfare. Key Steps to Safeguard Minor's Interest in a Will 1. Mention the Minor as a Beneficiary Clearly state in the Will that a portion or full part of the property/assets is to be inheritedRead more
The Indian Succession Act, 1925 provides the legal framework to secure their financial and personal welfare.
Key Steps to Safeguard Minor’s Interest in a Will
1. Mention the Minor as a Beneficiary
Clearly state in the Will that a portion or full part of the property/assets is to be inherited by the minor child.
Example clause:
“I bequeath ₹10 lakhs and 50% share of my residential house to my minor son [Name], aged [X years].”
2. Appoint a Guardian for the Minor (Section 60)
If both parents are not alive or the surviving parent is not deemed fit, the Will should name a guardian for the minor.
Under Section 60 of the Indian Succession Act, 1925, you may appoint a guardian for a minor child through a Will.
“In the event of my death, I appoint my sister [Name] as the guardian of my minor son [Name] until he attains the age of majority.”
3. Create a Trust or Appoint an Executor/Trustee
Until the minor reaches 18 years, he/she cannot legally own property. Hence, create a trust or appoint a trustee in the Will to manage the assets.
Example clause:
“I direct that the assets be held in trust by [Name] until my child attains 18 years of age, and the income be used solely for education, living, and welfare.”
4. Specify the Use of Funds
Mention in the Will how the funds should be used — for education, health, marriage, or day-to-day living.
This ensures that the appointed guardian/trustee doesn’t misuse the money.
5. Ensure Proper Safeguards
You can include conditions such as:
- Separate bank account for the minor’s funds.
- Periodic reporting by guardian/trustee.
- Joint trusteeship, if required.
See lessWhen a will can be changed and what will be impact on old 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: By Executing a New Will: This is the most common and sRead more
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:
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.
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
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See lessIf 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.
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.