What is the Need of a WILL – Legal FAQ

If one does not make a Will then his property will be inherited by legal heirs in accordance with the laws of inheritance applicable to him. However, most of the people would like to dispose of their property according to their own wishes. Thus, there arises the need for making one’s Will. Apart from it there are certain distinct advantages of making a Will.

1. When a person dies without having made a Will, there is often confusion amongst the family members and relatives as to whether the deceased did make any Will prior to his death or not, but if a Will is available, the only question that needs to be ascertained is whether it is the last Will of the testator.

2. A Will be absolutely personal document. More than anything it is an expression of the relationship with the members of family or relatives, etc. The views, opinions and feelings, etc., are indicated in this document. A Will allows the devolution of property in a personalized manner rather than letting the impersonal rules of inheritance take effect.

3. Many disputes can be resolved at the very outset if there is a clear disposition of one’s property in a Will. It will not be out of place to mention the imbroglio of Late Mrs. Indira Gandhi and her daughter-in-law Manekar Gandhi, who were embroiled in a litigation concerning the assets of the late Sanjay Gandhi. Had Sanjay Gandhi left behind a Will, the possibility of any dispute surfacing between the mother and his wife would have been very remote.

4. By means of a Will, one can appoint in writing, a testamentary guardian for his infant children. A testamentary guardian is person, who is appointed b a testament or a Will. This point needs further clarification. In the event of the death of a parent the law would ordinarily uphold the right of surviving natural parent to be the guardian of the child. However, if there is no surviving parent, the law attaches great importance tot eh Will of a parent in deciding who to appoint as a guardian. This is a matter of great importance with regard to the future of the children and therefore, this issue must be discussed in details with the proposed guardian before appointing him testamentary guardian.

5. A Will provides more room inter se the laws of inheritance, which sometimes do not cater to the special needs and requirements of the members of a family. For instance, a father has two sons. One is healthy but the other is handicapped due to any chronic disease since childhood. The laws of inheritance would treat both these children on an equal footing. But by means of a Will one can have somewhat greater provision for a handicapped son, a widowed daughter or an invalid parent. Not only that by means of a Will, one can make some provision for a faithful servant, a nurse a friend in need of money, and so on. All such people could never receive any benefit whatsoever under the laws of inheritance in the absence of a Will.

6. In the absence of a Will even the most unwanted son, who had left the house for disobedience, fraud, violence, etc. may turn up to claim his share of estate from his father’s property. Similarly, an adulterous wife might demand her share as per inheritance laws.

There are however, some disadvantages also in making a Will and they are mostly psychological. In many cases it has been observed that people lose all their interests in life and idem such before the time they would have lived.

If there is no Will, the property would be dealt with as per the laws of inheritance. For Hindus, Buddhists, Jains and Sikhs the laws of inheritance have been codified in the Hindu Succession Act, 1956. For Christians the Indian Succession Act, 1925 will be applicable. Parsis have a different law of inheritance. Similarly, Muslims have their own law. That has, however, not been codified in nay legislation but is based on their religious texts. There are tow major sects of Muslims – Shias and Sunnis. Both of them have different laws of inheritance.

About the Author

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Vakilno1 is a group of Law Enthusiasts and Legal Experts in India with a passion to provide the latest info and articles on Indian Legal System

 

 

 

 

 

 

Displaying 21 Comments
Have Your Say
  1. divyesh says:

    dear
    i have some problems regarding proprieties my grand father having 80 vigha lend
    in this 40 vigha in my uncles name and
    my father name only 25 vigha
    reminning in my grandathers name he was die and
    my uncle Cleming they also went half of this(its name of my grand father) in this case what can we do

  2. Jastej S (Team Vakilno1) says:

    There are many questions that need to be answered before your query can be resolved. Whether the 80 bighas land was the self acquired property of your grandfather. How come your uncle got 40 bigha in his name and how your father got 25 bigha in his name. Have your grandfather left a Will?

  3. sathish says:

    Dear sir,

    my grandmother made a will in the name of my mother before die .Now we have plane to construct the house with housing lone in same doc.

    i have doubt

    Befor proceeding the loan we have to make a stamped document is necessary or will is ok.

    please advise the same

  4. deepak n dargar says:

    can i give my property to my freind with help of will after my death legally

  5. satish says:

    hello
    my name is satish i want to know my dad purchased and registered apartment on my mothers name. since last 2yrs he is fighting with me abusing me, telling me get out of the house. i am married and hav 2 kids. can i claim property of my mother.

  6. chirangi lal says:

    priya mahodaya ,namastay mere chacha bahai vasiyat ke beollad mar gaye lekin vah hamare sath hi rahte rahe. property kya arthik,saririk, mansik tarah se seva/dekhbhal karne ke karan kanooni roop se mughe mil sakati hai ? sari sampty mere pass hi hai yadi haa to please iss tarah ke koi court nirnaya ki copy &case no. bataye.

  7. H Singh says:

    Respected Sir,
    My father left for his heavenly abode leaving back my mother and my elder brother in Nov 2000. My brother was married at that time. My father’s capital was transferred to my mothers account in our business. Also my fathers share in house was divided in between three of us,in papers. Now my brother has convinced my mother to transfer all her share in his name… so if we have 100/-, 33/33 belongs each to my mother, brother and me.. Now my brother has convinced my mother to write down her share in his name..so he has 66/66…leaving 33/33 in my name..what can i do..???

  8. Uday Kumar says:

    Hello,

    My mother had property wich is came from my grandfather. We are two brothers. My Brother got my father’s job. Now my mom want to give her proverty to me but he is not accepting. Without my brother acceptence can my mother give her property to me or is there any legal issues will araise. Please advice.

  9. VK M Kumar says:

    Dear Sir,
    -Our parents from Karnataka, Hindu religion, now died. Father left with unregistered will of his self made land property in Karnataka.
    We are total 6 siblings, 2 elder daughters (with 1 each child)-all married during will was made
    -4 sons (2each children)- not all sons were married & some of the grand children’s are very small and some were not born when the will was made.
    As per will, 4 parts to be given to daughters (2 parts each) and 4 parts to be given to sons (one each part),
    However we sons requested to divide property in to 6 parts (1 part each to all sibling), in view of the following points.
    -Will was made 20 years back, when all the siblings were not married nor all grand children’s were not born.(Father taken consideration of heirs were born / present during the will was made, with a blind love)
    -Both Daughters & kids were also now married and financially well off than sons; no help was sought by them till now for any reason.
    -The will was not registered and we all made equal contribution and sons made reasonably more contribution towards well being of parents’ and property at all time.
    In view of the above is there any way we can claim equal rights of property in oppose of unregistered will?

  10. mohanrao says:

    this is a beautiful website

  11. Dear sir,

    on 15 march 2014 sent a comment regarding to know my grand father property, and how much share will come to my mother i.e.,share 1/3 or 1/9 if received 1/9,again we shall lodge the case into senior court
    pl suggest as soon as possible
    Thanking you
    Shrikant.

  12. my father 80 years old having two son & one daughter. he made a will in favour of both son & daughter in the year of 2011 and now have a changed in the favour of my bhabi alone on 19.05.2014. my father cannot hear properly. cannot seen properly also.but my father leaving with my brother.there fore you are requested to give legal opinion in this regard.can we go to logde FIR FOR VERIFICATION/ medical check up of my father. after that our can be admitted by court.

  13. shankar says:

    my grand father is 90 yrs old and he s having 3 sons.he has written will with properties equally distributed to all sons.
    is there any chance of filing a case against one son property by other sons or their sons and daughters after grand father’s death.if so how to prevent.

  14. Your Name... says:

    My grandfater have made a will which is there with my uncle who has power of atternoy with him my grandmother is alive and she is not ready to share copy of will.
    Pls advise what should we do if we wish to have copy of the will

  15. My uncle is 80 yrs..can he make a will alone.without any witness

  16. Sir,I have a peculiar case of inheritance. A gentleman Mr.A married a lady Sita and got a female child Geeta. Sita died after one year of giving birth to Geeta. Mr. A married another woman Neeta and got one female child Reeta and two male children Ram and Shyam. Now Mr. A and Neeta are dead without leaving any will. Will the self earned property of Mr. A be equally divided into four equal parts amongst the siblings or it will be divided into two parts (one each for the two wives). Will geeta get 50percent and rest 50percent be distributed equally among Reeta,Ram and Shyam being the siblings from the second wife.

  17. sunitha says:

    I wanted to know if registered will is made is it a legal document..
    My husband grandfather made a will only on grandson name…now my husband 3sisters r asking to divide property equally including mom …
    So what next

  18. Deepali says:

    My distant uncle who is a divorcee with no children has bipolar disorder, and none of his class 2 relatives want to take care of him but will not shy away to claim his estate.
    My uncle has made an unregistered will for his estate which includes his investments and his house which he got from his mother(nominee) after getting a doctors fitness certificate with my brother as beneficiary.My brother is taking care of him and has anyone/ former survivor accounts with him.
    Recently he was diagnosed with dementia and is loosing short term memory. Can he register his old will now ?

  19. I am an OCI of Muslim religion. Does a Will supersede
    the application of Islamic inheritance laws.

  20. neelima ekka says:

    i want to make a will to transfer my movable and im-movable property in the name of a person with whome i am in relationship but not leagally married. if yes what is the proscess i have to go through. please help.

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