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Will Lawyers
Will Lawyers

Will Laws

Common Questions on WILL Law.

  1. What is Will?
  2. What is Will Law?
  3. Which Laws Govern Will?
  4. 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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Search Result : Will Lawyers

Consult Expert Will Lawyers in India

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Abhimanyu Shandilya

Kolkata |

Area of Practice

  • Will
  • Criminal
  • Anticipatory Bail
  • Military Laws
  • Adoption
Total Answers Given : 2104
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Advocate Anik

Bangalore |

Area of Practice

  • Will
  • Consumer Protection
  • Admiralty and Maritime
  • Arbitration and Mediation
  • Child Custody
Total Answers Given : 10690
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Anish Palkar

Mumbai | Thane | Mumbai suburban |

Area of Practice

  • Will
  • Banking
  • Bankruptcy and Debt
  • Child Custody
  • Debt and Lending Agreement
Total Answers Given : 855
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Shrikrushna Tambde

Nagpur |

Area of Practice

  • Will
  • Arbitration And Mediation
  • Child Custody
  • Criminal
  • Divorce
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Kalpana Sanap

Pune |

Area of Practice

  • Will
  • Trust and Society (NGO)
  • Advertising
  • Property
  • Commercial
Total Answers Given : 10
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Yusuf Shabbir Mithi

Mumbai suburban | Thane | Mumbai |

Area of Practice

  • Will
  • Civil
  • Intellectual Property, Copyright, Patent, Trademar
  • Child Custody
  • Criminal
Total Answers Given : 14
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Jaswan Singh Katariya

Gurgaon |

Area of Practice

  • Will
  • Adoption
  • Mutual Consent Divorce
  • Documentation
  • Insurance
Total Answers Given : 15
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KETKI JALTARE

Nagpur |

Area of Practice

  • Will
  • Contracts and Agreements
  • Landlord and Tenant
  • Consumer Protection
  • Writ
Total Answers Given : 4
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Kajal Joshi

Mumbai |

Area of Practice

  • Will
  • Consumer Protection
  • Employment and Labour
  • Power of Attorney
  • Writ
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Advocate Sinjari Bandyopadhyaya

Kolkata |

Area of Practice

  • Will
  • Property
  • Mutual Consent Divorce
  • Civil
  • Divorce
Total Answers Given : 622

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