Common Questions on WILL Law.
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? ;
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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