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Consult and Get Legal Advice from Will Expert Lawyers in Bhopal

Lokesh Jha

Lawyer at Bhopal District Court
Exp
Bhopal , Madhya Pradesh

Specialization

  • Civil
  • Arbitration And Mediation
  • Commercial
  • Contracts And Agreements
  • Will
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  • What is Will?
  • What is Will Law?
  • Which Laws Govern Will?
  • Is it necessary to register a Will?

What is Will?


As per Section 2(h) of the Indian Succession Act, 1925; the lawful declaration of a testator’s intention in connection with his property in the event of his death is referred to as a “Will”. Any person who is not a minor and is of a sound mind is competent to make a Will.

What is the Wills law?


There are multiple laws governing the execution and procedure concerning wills which are applicable to different sections of the society. A will need not be made on a stamp paper if a person is okay with their will not being ‘registered’. These laws govern the process, extent, and other procedure w.r.t Wills.

These laws also aim at providing clarifications regarding the actual nature of a will, the concerned provisions make it clear that a Will is different from a Gift Deed as assets in a Will pass on only at the event of the death of the testator.

What are the applicable which Laws Which Govern Will?


  • Hindu Succession Act – Section 30 of HSA, 1956 is applicable to Hindus
  • Muslims – Quranic Law is applicable
  • The Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 – applicable in the state of Goa
  • The Indian Succession Act, 1925
  • The Registration Act, 1908 – A will need not be registered as this exception is allowed under Section 18 of the Registration Act, 1908. This principle was held in the case of Maturi Pullaian v. Maturi Narasimham.

Is it necessary to register Will?


In India, registration of Wills is not compulsory. A Will is not a compulsorily registerable document under section 17 of the Registration Act, 1908, (Act), and according to section 18 (e) it is the testator’s choice as to whether he wishes to register it. There is no stamp duty payable. But if one chooses to register a Will with the applicable registrar/sub-registrar of assurances, the registration provides evidence that the proper parties had appeared before the registering officer and the latter had attested the same after ascertaining their identity. Once a Will is registered, it is placed in the safe custody of the Registrar and cannot be tampered with, destroyed, mutilated or stolen. However, non-registration of a Will does not lead to any inference against its genuineness. It doesn’t have to be executed before a notary public.

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