New Delhi :– This is called a Will in English, the documents of a will are statutory documents.
Those who decide the succession of property by the owner of a property on his death, these are the questions and answers to some questions related to the will by the legal advisor.
- Can movable and immovable property be bequeathed?
- Yes, both movable and immovable properties can be made, immovable property (land, house, whatever property is attached to the land) and movable property (car, animal, cash kept in the locker, etc., which is not attached to the land. Yes) Both can be willed.
- What is the ability to make a will?
- Section 59 of the Indian Succession Act 1925
1-Any healthy adult person
2- The property is self acquired
If a person is a healthy adult and he himself has acquired the property which he has, then he can bequeath that property.
- What can a person who has frequent manic attacks do?
- Yes, such a person can bequeath his property at that time in his health. A will made by any kind of intoxication or fraud is not valid.
- Can a will be made by a woman?
- Yes, both men and women can make a will (Indian Penal Code Section 11) There is no difference between the two, only the importance is that the property should be acquired by himself.
- Can a Will be withdrawn, and when is the execution complete?
- The will can also be withdrawn by the testator at any time. Once he has made a will, he can also revoke the will and withdraw the will made by him. A will is executed only when the person making it dies. A will made by the person making a will cannot be executed while the person making the will is alive.
- Is registration of a Will required?
- In the Indian Succession Act, it is not necessary to register a Will or get it notarized. A piece of paper can also be a will. If a person wants to bequeath his acquired property, then the intention of the person making the will is seen, even the words written in the will are not given any special attention. Whatever be the word, whatever be the language, the intention of the person writing the will should be clear. There should be no doubt in the will.
- Does the Registered Will strengthen the successor party?
- Yes, although the law does not mention any special registration process in relation to the will, nor is it any obligation, but the registration of the will should be done. In such a situation, litigation can be avoided, because here it is argued with the successor party that the person who acquired the property has written it and got it signed by the person appointed by the government. has gone.
- Is the Will decided separately between Hindus and Muslims?
- Yes, Personal Law of Will comes under Indian Succession Personal Law, Hindu Succession Act for Hindus and Sharia Law for Muslims.
Will in Hindu Law Under the Hindu Succession Act, the property of those who dies without making a will is divided. Such a person is called intestate. Any Hindu person can bequeath the property acquired by him to whomever he wishes. That person cannot bequeath his ancestral property. property not acquired by him
- Muslim law, there is no special provision like will in Muslim law, a Muslim person is ordered to divide the property acquired by him in the Shari’ah. In Muslim law also one-third of the property can be bequeathed. The rest of the property is ordered to be divided according to the Shariat.