What is a Will ? Legal FAQ

Will is a legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death. It includes codicil and every writing making a voluntary posthumous disposition of property. It is testamentary instrument by which a person makes disposition of his property to take effect after his death, and which, in its own nature, is ambulatory and revocable during his life. Thus, a Will can be changed by the executants as and when he so likes. It is a secret and confidential document which the executants is never ordered to produce.

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There are two essential characteristics of a Will:-

(i) It must be intended to come into effect after the death of the testator; and

(ii) It must be revocable by the testator at any time. Although Wills are usually made for disposing property, they can also be made for appointing executors, for creating trusts and for appointing testamentary guardians of minor children. In one case, the Andhra Pradesh High Court has held that contents of the Will must indicate that it is intended to come into effect after death of testator and that it is revocable at any time prior to his death and a document cannot be treated as a Will by a mere reading of heading of it.

A gift to take effect the life lime of the donor is a deed of settlement and not a Will. Section 63 of the Indian Succession Act, 1925 provides that a Will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by Will.

When a person dies without having made a Will, he is said to have died intestate. His property is then inherited by his legal heirs in accordance with the law of inheritance applicable to him. It must be noted here that legal heirs generally include close family members such as one’s spouse, children, parents, brothers and sisters.

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Displaying 21 Comments
Have Your Say
  1. Aseem says:

    1. If I inherit a property thru a Will from my father, can it be called a Self Acquired property.
    2. In that case, what is the difference between an ancestral property and a self acquired property.
    3. Can I include a property that I will inherit later, in my Will.
    4. Is there a tax on the inherited property.
    5. If my father wills the property to my mother, who further wills it to me, and I further will it to my wife, and she further wills it to our two sons, is this all in order, or is there a weak link in the chain.
    6. Should a Will preferably have optional clauses that in case of premature demise, the property should go to abc.
    7. Is a Will with no property details as good as a Will with some property details. Also, in case a property mentioned in a Will gets sold within the lifetime. Is the Will Equally strong and valid for the rest of the properties, whether or not mentioned in the Will.

  2. sir
    in will there is a condition the successor cannot alienate after her death the property will go to her brother can tgis will be probate and sell with her brother gives no objectiin or implead in probate suit and cinsent to sell

  3. S K Sharma says:

    My grand uncle has been written an informal will in a normal paper to my mother. This paper is valid in court?

  4. Gurdip Singh says:

    Is it possible for a Will to be declared unimplementable ? In the sense that if a testator has said that one child will inherit the property but that the other will have the right to live on the first floor and if the house is ever sold the proceeds will be shared. Now how can this be implemented ? Is such a will a valid will ?

  5. XYZ says:

    Probate is necessary for a registered will or not?

  6. Suresh Mudalar says:

    At my place there is an Gujarati family. Where the Widow is wanted to execute the will towards HOME in which she living with her younger son. As she is having 2 Daughter & 2 Son. Daughter are married, one living in Mumbai & other one in Gujarat. Whereas the elder son married & living in Mumbai. The Younger son also married. ………….. As younger son is looking her, she wanted to execute the WILL in favour of his younger son towards the property, as after her death the property will be belong to his Younger son only ………….. Please reply………. you reply will be definitely appreciated.

  7. lokesh kumar says:

    how to challenge a fake will

  8. zinkal says:

    my grand mother (nani) want to write will , my grand mother having 6 children ,she is at kutch (gujarat) at india want to write will with her own if possible . please help me..

  9. Sachin says:

    The property owner received entire sale consideration from purchaser (Partnership Firm) and the execution of sale deed was not possible due to Urban Land Ceiling Act, 1976 as such a Will was executed in favour of the purchaser (Partnership Firm) stating that the property owner has already received the entire sale consideration but registration of sale Deed is not possible because of some technical problem, the will is being executed in favour of purchaser (Partnership Firm).

    Since it has been executed after receiving sale consideration and also in favour of a Partnership Firm, in which the property owner never remained partner, whether such document can be treated as Will and whether the title of the property would be deemed to have been transferred on the death of the property owner in favour of the said Partnership Firm, in whose favour the alleged Will has been executed.

    Your expert opinion is awaited.

    Thanks.

  10. please answer me by mail Id

    can i mentioned the amount in will because of sub registrar denying to registrar the will

  11. jeeya says:

    my father died without a will. my brother , My mother & i are getting 33% each of his self-acquired property.. i m unmarried & want to give my whole property to a charity after my death. Is it possible as it is not self-acquired but inherited from my father?

  12. my father has some property gifted by his sister.he wants to distribute the property to his two sons before his death so that my sisters should not come for their share.in what manner it is possible to do so.shall a WILL be effective .

  13. NITESH says:

    CAN ANY ONE CHALLENGE THE WILL ?

  14. SREENIVASULU says:

    Please advise me:

    My father was a daily wage worker and was leading the family by the
    getting loans from the third parties. My father was living with his
    wife, daughter and 3 sons, His daughter got marriage in 1982. His sons
    were studying the school with very hard situation. His elder son has
    completed his Diploma course with the help of college lecturers and
    friends by taking loan. His second son studies has stops at 10th Class
    and his third son dropped his studies at 6th class.His elders son got
    a job in INDIA in a private company and all of his family members were
    depends only on the elder sons’ income. His elder son got a job in
    GULF and has worked for 5 years continuously without visiting India.
    His elder son was sending all of the salary money(Rs 4,60,000/-) to
    his father via NRI account.Then he and his wife and two sons were
    enjoying with that money.

    Father utilized his elder sons’ income for his previous debts clearing
    and used his second sons’ studies expenses about Rs.50000/- and
    purchased some agricultural land property from different parties and
    kept all the property on his name.

    Finally when his elder son arrived INDIA for his marriage and settle
    in India, The elder son again expended his money for the alteration
    house and construction of new house. His elder married on 3rd Sep
    2000. His elder son was jobless and very difficult to survive all the
    family. Finally the elder son decided to go back gulf countries to get
    employment. Then father sold some portion of land and forced his elder
    son to get relinquishment as leaving his right of share in the
    remaining properties. Finally father made an un-registered
    relinquishment deed from his elder son by paying only Rs 1,25,000/- on
    July 2002.

    Father expired on Nov 2012 without making any partition among wife and
    sons.. then mother and second and third sons are not willing to give
    share to his elder son in the remaining properties.

    So, please reply me what is the legal action applicable against the
    mother + sons. How to proceed the elder son to get his share of his
    property ?

    Is it correct way that father used all the resources of his elder
    sons’ income and kept on his name?

    Is it correct that after death of father his wife and sons not willing
    to give a share for elder son.

    Is it benefit for elder son to consult lawyer for filing suit against
    mother and second and third sons by submitting all the evidence of
    Exchange DDs +bank statement + cheque sheet +written letters wrote by
    father addressed to elder son as mentioned that all the properties
    item wise were purchased fully with elder sons’ financial source.

    Is it un-registered relinquishment deed (made on Rs 20/- & Rs 10/-
    stamp papers) accept the court during judgement time?

    Please reply me with proper advise.

  15. my mother sister is writing a ragisterd will for me but gov. body say when will is prove in your fever then property transfer u and say its S.C rules awc 4027 Indian succession act 2013(4)
    what i m going plz reply me with legal advise

  16. mubarak says:

    dear sir
    I am writing this mail in behalf of my wife,we are muslims from kerala,as the issue is that my mother in law passed away in 2009 and had made the will for her daughter on her two properties ,1.is 31 cents and the other one is 8 cents with double storied house in Trivandrum district in kraal, as the 8 cent belongs to mother and father of my wife like 4 cents each and my mother in aw had given that 4 cents to he daughter and now for the last 6 years case is going on and nothing is happening , will the shariya law is applicable for this or the indian law is applicable on this , kindly note that my wife is the only daughter for them, I am an NRI working in private firm in Dubai, seeking your valuable advise on this case , as the father in law is not at all willing to give the properties to his daughter (my wife)

  17. narendhar says:

    Dear Sir,

    We had the property of my grand father , in which we had sale out . Actually in 2002 my grand father expired in 2004 land is got registered to his 3 sons equally by taking the sign of my grand mother.Our grand father had 5 Daughters also & all daughters got married before 1990 . Do they have any rights/have any share in this property.

  18. sir,i am hindu residing in gujarat.sir my father died in 2006 made will of every of his self earned property in favour of my mother.sir we are 3 brothers,2 sisters i being the youngest.my mother is a housewife never earned a penny in her life.my question is this property should be treated as inherited by her or not? if it is inherited than can she exclude any of legal heir by way of will?or it has to be destributed equally irrespective of her will to deliver the property to 1 of the heir,which my mother herself has not earned in her life?please reply me soon as my mother has died 3 months back & exclude by will me & my elder brother’s widow(My brother passed away before 14 years) & my sister who is the main beneficiary is to sell the house soon.

  19. Yashwant says:

    My father is 84 years old. he owned a flat. we r four brother and mother he has not made any will. is it necessary to make a will? what is procedure. is it necessary will to be registered. what docts require to make will.

  20. Rajesh Kumar says:

    We are five brother and sisters. My father died on 13th Dec 2013. and left a will in which he gave all his estate (Personal & inherited) to one of his son. He also blamed his rest of his children using derogatory language. can this will be challenged.

  21. Anonymous says:

    my father was died on 17th may 2014 . my father without my mothar knowledge married another woman. he was made a will for the another woman that he donate the property his job and all settlement benefits the that woman . so I want to know that is it possible to give his job to anyone which was government property?

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