Define 'Will' and explain its essential characteristics. Is there any requirement to get it stamped and registered ?

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2018
Define 'Will' and explain its essential characteristics. Is there any requirement to get it stamped and registered ?

Answer & Explanation:

As per Section 2(h) of Indian Succession Act, 1925, 'Will' means the legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death. Essential characteristics of will are: The document must be in accordance with the requirements laid down under section 63 of Indian Succession Act, 1925, i.e., executed by a person competent to make Will and attested as required under the Act. The declaration should relate to the properties of the testator, which he wishes to bequeath. The declaration must be to the effect that it operates after the death of Testator. It is revocable during the life time of the testator. It is of an ambulatory nature which can be modified or altered at any time by the testator. Wills should be made in writing. A Will does not require any stamp duty. Registration of Will is not mandatory. It is optional under Section 18 of the Registration Act, 1908. However a registered Will has certain advantages.

Topics: Succession Law

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