Revocation and Alteration of a Will

Section 62 of the Act deals with the characteristic of a Will being revocable or altered anytime during the lifetime of the testator. A will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by will....

Void Bequeaths under Will

Transfer to unborn persons is invalid (Section 113) Where a bequest is made to a person not in existence at the time of the testator’s death, subject to a prior bequest contained in the will, the later bequest shall be void, unless it comprises the whole of the...

Registration of a Will-Necessity

In India, registration of Wills is not compulsory. A Will is not a compulsorily registerable document under section 17 of the Registration Act, 1908, (Act), and according to section 18 (e) it is the testator’s choice as to whether he wishes to register it. There is no...

Law of Wills by an Indian Christian

A fundamental characteristic of property is that it cannot exist without an owner. On a person’s death his property has to vest into someone and the act of transmission of the property is referred to as succession. The law of succession is categorized as testamentary...

Sham Wills

These wills are created for an ulterior motive which is not the testamentary operation and execution of the will. Rather in most cases, these wills are created for an immoral purpose like acquiring a property that does not belong to the claimant, deceiving someone...

Concurrent Wills

Normally a testator prepares a single will for his/her testamentary declarations. The testator according to his wish or for the sake of convenience can make different wills for the property located in different geographical locations. Hence, co-existing wills, dealing...