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  • Succession through Will Under Indian Law

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Succession through Will Under Indian Law

A Ashok Kumar
A Ashok Kumar
  • Apr 13, 2023
  • 8 min to read
Succession through Will Under Indian Law Kumar

Succession through will is a process of transferring the ownership of an individual’s estate to another after their death. In India, the Succession Act of 1925 governs the process of succession through will. It specifies the conditions that have to be met in order for a person’s will to be valid and recognized by the court. The Act also states the manner in which the estate should be distributed upon the death of the testator. In order to understand the process of succession through will in India, it is important to understand the various aspects related to it. In India, a will is a legal document that is created in order to determine the distribution of the assets of an individual upon their death. The will can be made in the presence of two witnesses and must be signed by the testator. The testator should also declare the will to be their last will and testament in order for it to be legally binding. The will should also be attested by a notary public or a lawyer in order to make it legally valid. The Succession Act of 1925 states that the will should clearly specify the details of the estate, the persons who are to receive the estate, and the manner in which the estate is to be distributed. The will should also contain a clause that specifies that it is to be executed after the death of the testator. In order for the will to be valid and recognized by the court, it must be signed by the testator in the presence of two witnesses, who must also sign the will. The will must also be attested by a notary public or a lawyer in order for it to be legally valid. Once the will is executed, it should be registered with the appropriate court. The court then examines the will and its validity. If the court finds that the will is valid, it then passes an order declaring its validity. The order is then sent to the testator’s family members, who are required to submit an affidavit stating that they have no objection to the will. Once the affidavit is submitted, the court passes an order allowing the will to be executed and the estate to be distributed as per the provisions of the will. In India, the succession through will process is subject to certain restrictions. The law prohibits certain persons from inheriting the estate of the deceased. These include persons who have been adopted or are illegitimate children, persons who are in the employ of the deceased, persons who have been convicted of a criminal offence, persons who have been declared to be of unsound mind, and persons who are under the age of 18 years. In addition, the law also prohibits any transfer of property that has not been expressed in the will. The succession through will process is an important part of estate planning in India. It helps ensure that the assets of the deceased are distributed according to the wishes of the testator. It is important for individuals to understand the process of succession through will under Indian law in order to ensure that their estate is distributed according to their wishes after their death. Keywords: succession through will, Indian law, Succession Act of 1925, legal document, testator, notary public, court, affidavit, estate planning, assets, distribution, will.

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A Ashok Kumar
A Ashok Kumar

I have been practicing for 8 years in Civil, Criminal & Family matters cases and handling the matters ethically and professionally. I also handle NI Act, Recover, Banking, Domestic Violence, Divorce, maintenance, Property, Documentation, and Cyber Crime matters and have achieved professional experience in providing legal services. Further, I can undertake the following activities with a professional approach. I have enrolled with the BAR Council of KAR/1388/2015.

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