Wills Under Indian Succession Act, 1925

Will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. It is a unilateral document and takes effect after the death of the person making it. It can be revoked or altered by the maker of it at any time he is competent to dispose of his property.

A will made by a Hindu, Buddhist, Sikh or Jain is governed by the provisions of the Indian Succession Act, 1925. However Mohammedan are not governed by the Indian Succession Act, 1925 and they can dispose their property according to Muslim Law.

Who Can Make A Will

• Every person who is of sound mind and is not a minor can make a will.
• Persons who are deaf or dumb or blind can make a will provided they are able to know what they do by it.
• A person who is ordinarily insane may make a will during an interval in which he is of sound mind.
• No person can make a will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he does not know what he is doing.

Execution Of A Will

Every person, not being a soldier employed in an expedition or engaged in warfare, or an airman so employed or engaged, or a marine at sea shall execute his will accordingly.

• He shall sign or fix his mark to the will or it shall be signed by some other person in his presence and by his direction
• The signature or mark should be so placed that it shall appear that it was intended thereby to give effect to the writing as a will
• The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark on the will or Has seen some other person sign the will, in the presence and by the direction of the testator or Has received from the testator a personal acknowledgement of his signature or mark, or of the signature such other person;

Each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witnesses be present at the same time, and no particular form of attestation is necessary.

What Property Can Be Disposed By A Will?

Any movable or immovable property can be disposed of by a will by its owner.

Beneficiary Under A Will

Revocation Of A Will/ Loss Of A Will