INDIAN SUCCESSION ACT

 

INDIAN SUCCESSION ACT

          WILL MEANS 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.

          A WILL DECLARES THE PERSONS INTENTION TO BE PERFORMED AFTER HIS DEATH.

          HENCE IT WILL TAKE EFFECT ONLY THE DATE OF TESTATORS DEATH.

          THE WILL MAY BE REVOKED IN LIFETIME.

INDIAN SUCCESSION ACT:

 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.

THE GENERAL CLAUSES ACT:

WILL INCLUDED A CODICIL AND EVERY WRITING MAKING A VOLUNTARY POSTHUMOUS DISPOSITION OF PROPERTY

ESSENTIAL CHARACTERISTICS OF A WILL:

LEGAL DECLARATION: ACCORDING TO SECTION 2 OF THE INDIAN SUCCESSION ACT  “WILL” IS A LEGAL DECLARATION OF THE INTENTION OF A TESTTATOR WITH RESPECT WITH RESPECT TO HIS PROPERTY. WHICH REQUIRE TO BE ATTESTED. AS PER SECTION 282 ANY FALSE DECLARATION IS PUNISHABLE UNDER SECTION 193 OF INDIAN PENAL CODE.

IT MUST TAKE EFFECT ONLY AFTER THE DEATH OF MAKER:  A WILL TAKES EFFECT ONLY AFTER THE DEATH OF THE MAKER. THE TESTATOR MUST DESIRE HIS INTENTION TO BE CARRIED INTO EFFECT AFTER HIS DEATH.

THE DECLARATION MUST RELATE TO HIS PROPERTY: ACCORDING TO SECTION 2 OF THE ACT THE DECLARATION OF THE INTENTION OF THE TESTATOR MUST RELATE TO HIS PROPERTY WHICH HE DECLARES TO BE CARRIED INTO EFFECT AFTER HIS DEATH. IF THE TESTATOR INTENTION IS TO DISPOSE THE PROPERTY BEFORE HIS DEATH, IT IS NOT A WILL.

IT MUST BE REVOCABLE DURING THE LIFETIME OF THE MAKER: THE WILL IS REVOCABLE UNLIKE DEED. IT MUST BE REVOKED DURING THE LIFETIME OF THE MAKER OF THE WILL. ACCORDING to SECTION 69, IT CAN BE REVOKED BY THE MARRIAGE OF THE MAKER. THE WILL MADE BY TESTATOR PRIOR TO HIS STANDS REVOKED BY THE SUBSEQUENT MARRIAGE.

CAPACITY TO EXECUTE: ACCORDING SECTION 59 THE TESTATOR MUST HAVE TESTAMENTARY CAPACITY WITH SOUND MIND.

PERSON CAPABLE OF MAKING WILL:  SECTION 59 EVERY PERSON OF SOUND MIND NOT BEING MINOR MAY DISPOSE OF HIS PROPERTY BY WILL.

1. A MARRIED WOMEN MAY DISPOSE BY WILL OF ANY PROPERTY, WHICH SHE COULD ALIENATE BY HER OWN ACT DURING HER LIFE.

2.PERSON WHO ARE DEAF/DUMB/BLIND ARE THEREBY INCAPACITATED FOR MAKING A WILL IF THEY ARE ABLE TO KNOW THEY DO BY IT.

3.A PERSON WHO IS ORDINARILY INSANE MAY MAKE A WILL DURING AN INTERVAL IN WHICH HE IS OF SOUND MIND.

4.NO PERSON CAN MAKE A WILL HE IS IN SUCH A STATE OF MIND WHETHER ARISING FROM INTOXICATION OR FROM ILLNESS OR FROM ANY OTHER CAUSE, THAT HE DOES NOT KNOW WHAT HE IS DOING.

PERSON INCAPABLE OF MAKING WILL:

SECTION 59 PERSON WHO HAVE NO TESTAMENTARY CAPACITY CANNOT MAKE WILL. HENCE THE FOLLOWING PERSON CANNOT MAKE A WILL.

1.MINORS

2.LUNATICS

3.DEAF/DUMB WITHOUT TESTAMENTARY CAPACITY

4.INTOXICATED PERSON