Learn Will legal document how can make you happy

Posted byaskbylaw_admin on August 29, 2021 
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Will legal document in India

Object of writing an article: -

 There is a great understanding of confusion in the public about a legal document called a will. For that reason that is why I have humbly tried to write an in-depth article on a legal document called Will. Who should make the will? What should be taken care of while preparing the will, etc. is mentioned in the article? After that I hope through our law firm/attorney at law that this article will be useful to the will maker and users increase their legal awareness.

First, this article is intended for free legal education and information purposes only from our law office/law firm and the said article should not prepare as proper free legal advice. As well as readers should contact us for proper and particular legal advice on the said article.

SerialSummary of  content-will
1.Introduction-will legal document
2.History & meaning -will legal document
3.Are will a legal document?
4.What legal documents do you need for a will?
5.What is important aspect of will?
6.What are the Four requirements of a valid will?
7.Who can make a will?
8.Which laws affect is will?
9.Which ground will legal document can be challenged?
10.Case law
11.Conclusion
Will-legal document : expectation versus reality

Introduction-will legal document

Hence, in spite of there is not enough awareness in India about the will-legal document at this point. Because of this , to explain this has led to legal disputes for many years since.

History of Will-legal document

Likely in briefly in the old days when property owners died without any writing, misunderstandings arose in their inheritance over property and these misunderstandings sometimes became violent and hindered the administration of the deceased's property as they wished which made the social system dangerous. The administration was obliged to write in accordance with the wishes of the dying owner of the property we are known today as a will-legal document.

Are will a legal document?

Yes, off course will is a legal document under the Indian law and legislation. The different types of wills are as shown below.

  • Joint will
  • Mutual will
  • Duplicate will
  • Conditional or contingent will
  • Unprivileged will
  • Privilege will
  • Etc.;

What legal document do you need for a will?

To prepare a will, it is necessary to prepare as shown below:-

  1. Clear and specify your will(wish) regarding property administration after death
  2. You can prepared on your regional language
  3. Give your assets details
  4. Choose-beneficiary
  5. Who is your pet guardian
  6. Choose executor
  7. Obtain proof of your entire assets/property
  8. To bring your ID proof and passport size photograph
  9. Collect ID proof of your two independent witnesses 

What is important aspect of will?

Another key point to prepare a will, it is necessary aspect to prepare as shown below:-
  • Clear and confirm your will(wish)
  • Simple and strongly powerful legal document 
  • Write on plain paper and not necessary for affix a stamp paper
  • Registration of will is not mandatory
  • Last will would take to execute
  • Muslim person share his 1/3 portion only under the Shariat law
  •  Write on your regional language
How playing will-legal document changed your life

What are the four requirements of a valid will?

  1. There are must be an intention for the testament to take execute after the testator’s death
  2. It is the legal declaration of intention with respect to property.
  3. The declaration with respect to the property must involve a description of property and not the more appointed of successor.
  4.  Will can be revoked or altered during the lifetime of the testators

Who can make a will?

In other word, anyone can prepare a will as per Section 59 of the Indian Succession Act. Unless a person is mentally unstable and a minor and has not completed 21 years.

 Which laws affect is will?

  1. The Indian Succession act
  2. The code of civil procedure code
  3. The code of criminal procedure code
  4. The Indian registration act
  5. The Indian stamp act
  6. Tax law

Which ground will legal document can be challenged?

Will-legal document can be challenged on the following legal grounds:

  1. There needs to presence of coercion, fraud, and undue influence to establish that the Will was not drawn with a clear intention and the testator was under pressure.
  2. If the signature of the testator along with those of the two witnesses is not present then it can be a ground to challenge the validity of a Will.
  3. If the testator did not know about signing the Will then it can be taken to be a ground for challenging the validity of the Will.
  4. The Will may not depict an intention on behalf of the testator to carry out the Will or executed.

Lack of testamentary capacity implies that the testator might not sound and reasonable mind while drawing Will.

5. There may presence of certain elements in a Will which could give reasonable understanding that there was some transgression with will.

Case law

  1. Raj kumari and others versus Surinder pal Sharma
  2. Dhara sing versus Aso and another’s
  3. Benga Behera versus Braja kishore nanda
  4. Manki kaur versus Vishnu Ramakrishna
  5. Tanki Narayan bhoir versus Narayan namdeo kamdar 

Conclusion

Lastly, all in all if the will is registered keeping in view the matters mentioned in this article, in sum the person making the will definitely get due to the benefit as per law. for this, and in like manner it is also desirable to have a will registered with an expert property lawyer if possible.https://askbylaw.com/wp-admin/post.php?post=2149&action=elementor https://main.sci.gov.in/supremecourt/2018/23443/23443_2018_14_27_19233_Judgement_17-Dec-2019.pdf

If you have any questions or want more information about our Will article, you can let us know via email info@askbylaw.com. We will humbly try to resolve your question very easily and on time.

thank you

askbylaw_admin

VIREN S. DAVE Attorney Viren Dave Globe is a legal services Provider online. Viren Dave is the founder and Main partner of a law firm called Attorney Askbylaw Associates. He specializes in enhancing engagement and user peace of mind by helping troubleshoot user legal queries. And, starting his career as a lawyer, he supports solving many legal issues in civil, criminal, property, consumer, family, corporate and other law. You can find him on his blog

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