As per the Indian laws which are applicable in district Faridabad (Haryana), inheritance and succession of the property of a deceased are governed by the Indian Succession Act, 1925 and the property is divided as per the Act when the person dying, whether Hindu or Muslim, dies without leaving behind a will, i.e. when he dies intestate. When the person leaves a Will regarding his property, he declares his will and wishes regarding the distribution of property, thus, the property will be distributed as per the terms of the will.
DEFINITION OF A WILL – A statement of a persons’ wishes regarding the distribution of his/her property is called a Will. Section 2(h) of the Indian Succession Act, 1925 states that Will means a legal declaration of the intentions of a testator regarding who will carry his/her property after his/her death. The person who makes a will is known as the ‘testator’.
A will can be made either for movable or immovable property. But, a will could only be made for self acquired property and not any ancestral property. The laws of the Hindu Succession Act are used when ancestral property is to be divided.
COMPETENCE TO MAKE A WILL
Section 59 of the Indian Succession Act defines who can make a will in India.
- A person of sound mind.
- A major, i.e. a person who has attained the age of 18 years.
- A person who is not in the state of intoxication or someone who is not effected by any disease which effects his capability to make a decision.
Section 59 also states that a person who is ordinarily insane can make a will during the time when he is of sound mind. Also, a person who is deaf, dumb or blind may also make a will if they have the knowledge of what they are doing.
FORMATION OF A WILL
A Will must be drafted in the most simple and precise manner. Its language should be such which is easily understandable by a layman.
A simple will contains the details of the testator, details of the self-acquired property of the testator and how that property is to be divided and the person appointed as the executor of the will after the death of testator. The testator has the power to make any changes in the will which is allowed in the law. After all the changes are made, the last Will of testator will be considered as the final Will.
Section 61 of the Indian Succession Act states that any Will obtained by fraud, coercion or importunity (in simple language- emotional blackmail) would be considered as void and cannot be executed.
WILL REGISTRATION PROCEDURE IN FARIDABAD
Under the Indian Succession Act, 1925, registration of a will in Faridabad is not necessary. Though it is always a better option to get the will registered because it helps to clear all the future disputes, but it all depends upon the personal choice of the testator whether he wishes to get the will registered or not.
The process of will registration in Faridabad is as follows:
- The will needs to be signed by the testator in the presence of two witnesses upon drafting.
- The will needs to be attested by the witnesses certifying that will was signed in their presence.
- The properly prepared Will is submitted with the Registrar or Sub-Registrar of Faridabad that has the jurisdiction over the area where the testator lives, along with the registration fees.
- The Registrar of Faridabad evaluates the Will and enters it in the book of Registrar.
- After entering the Will in the book, the Registrar of Faridabad gives order for registration of Will.
- If the Registrar of Faridabad rejects the will, a civil suit can be filed within 30 days of receiving the rejection notification.
The Will can only be executed after the death of the testator, however, it can be revoked at any time during the lifetime of testator.
REVOCATION/Cancellation OF A WILL – Section 62 of the Indian Succession Act states that a Will can be revoked by the testator at any time. If the testator is competent enough to make a will, i.e. of sound mind and major, then he/she can also revoke a will as per his/her wish.
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