Thursday - Jan 18, 2018

Some Facts About Wills In India


Some Facts About Wills In India

A will is a document, which makes sure that all your assets and property are distributed as per your wishes after your death. A lawyer for wills helps you frame your will or execute your will or even contest the will of a person.

Advocates for wills in Chandigarh will help you frame a proper will. It has the following essential features:.

  • Legal declaration: the documents claiming to be a will or testament must be legal; in conformity with the law and its execution must be done by a person who is legally competent to do the same.
  • Disposing property: The declaration in the will must relate to disposing the property of the person who is making the will (testator).
  • Death of testator: The contents of the will must be executed only after the death of the testator.
  • Revocability: The crucial fact is that the contents of a will can be changed during the lifetime of the testator. A will can be made with the help of lawyer for wills in Chandigarh by every person- who is not a minor, is of sound mind and free from coercion, undue influence or fraud.

Forms of Wills:

There is no standard format for wills. For it to be effective, it must carry proper signings and attestations. The will must be signed by the testator at the end of every page and next to any alterations or corrections.

Language:

A will can be framed in any language. There is no need for technical or legal language. But the content must be clear and without ambiguity, so that the intention of the testator is easily understood. Lawyers wills will be correctly framed. The high court will listen to any cases contesting wills.

Stamp duty: No stamp paper is required for making a will. No stamp duty needs to be paid during execution of a will.

Attestation:

The will must be attested by two witnesses who must be present when the testator frames the will. The witnesses must sign in the presence of one another and the testator. As per Parsi and Christian law, a witness cannot be a legatee nor an executor. But in Hindu law, a witness can be a legatee.  A Muslim will does not need a witness if it is in written form. The laws are upheld by the High Court.

Revocation: A will can be changed or revoked whenever desired by testator and when he can dispose his property. A person can frame a new will and render a previous will null and void. Ideally, he must register the new will (if the old will is registered) and destroy the old will.

Registration: In India, registration of wills is not compulsory even if it deals with immoveable property. Non registration does not mean illegality of will.

Whether it is registered or not, there must be proof that a will is duly and validly executed as per Indian Succession Law. You can approach wills advocates in Chandigarh to help register your new will.

Once the will is registered, it is placed in the care of the Registrar to avoid theft, tampering or mutilation.

Author’s bio: He is a practicing advocate in the Punjab high court. He loves to write about legal issues and comment on legal controversies. Drawing from his experience, he contributes article and blogs to websites like advocateinchandigarh.