will / civil

Dear Client,
Will means the legal declaration of the intention of the Testator with respect to his property which he desires to be carried into effect after his death. In terms of Section 30 of the Hindu Succession Act, 1956, any Hindu may dispose of by Will or other testamentary disposition, such as Family Trust Deed, assignment of right to manage temples etc., any property, which is capable of being so disposed of by him in accordance with the provisions of the Act or any other law for the time being in force and applicable to Hindus. In the case of testamentary succession, the wishes of the testator of the will shall prevail even though the will is registered or not. The Supreme Court in the case of Saroja v. Santhil Kumar (2010) has held that an unregistered Will is valid and enforceable in law. A will, irrespective of whether it's handwritten or typewritten, on plain paper in clear language and witnessed by at least two persons, is legally valid. The person who makes a will expresses his/her wishes to be executed after his death by certain persons named in the will. The persons named in the will to execute it are called its executors. Probate can be granted only to the executor of the will. Probate of a will is necessary to transfer the deceased's property into the name of the beneficiaries. Probate is conclusive proof that the will was executed validly, is genuine, and is the deceased’s last will. The executor of the will is required to file a petition and the original will to the competent Civil Court having territorial and pecuniary jurisdiction over the suit property for a grant of probate. In the petition, the executor has to mention the names and addresses of the deceased’s legal heirs so that notice can be issued to them. The executor will have to pay the applicable court fees depending on the value of the property/assets. The court asks the petitioner to establish the testator’s proof of death, proof that the testator’s will has been validly executed and confirm that this is the deceased's last will. Next, the court calls for objections by issuing notice to the next of kin of the deceased to raise objections, if any, and also orders the publication of a citation of the probate petition on board to notify the general public. If there are no objections, then the Court grants the Probate/LOA to the executor. Reach out to a local Advocate dealing with property matters where the suit property is situated for guidance and steps.