will

Section 2(h) of the Indian Succession Act, 1925 defines a will as 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. A will takes effect only on death and is revocable until then. Any person of sound mind who is not a minor may make one (s.59). A codicil adds to, alters or explains a will.

An unprivileged will must be in writing, signed by the testator, and attested by two witnesses, each of whom has seen him sign or received his acknowledgement (s.63). It must be proved by calling at least one attesting witness (s.67 BSA, old s.68 Evidence Act). It need not be registered or stamped. The propounder must prove due execution and dispel any suspicious circumstances, as laid down in H. Venkatachala Iyengar. Hindus, Sikhs, Jains and Buddhists make wills under the Succession Act; Muslims under their own law (wasiyat).

Example

Since the propounder actively took part in executing the will and the testator was very ill, he had to remove those suspicious circumstances under Venkatachala Iyengar.

In Indian law

• Sections 2(h), 59 and 63, Indian Succession Act, 1925
• Section 67, Bharatiya Sakshya Adhiniyam, 2023 (old s.68 Evidence Act): proof by attesting witness
• H. Venkatachala Iyengar v. B.N. Thimmajamma, 1958 INSC 98

See also

testator · codicil · probate · privileged will

Read more in the study notes

• Classification of administrative action (Administrative Law)
• Excessive delegation, conditional legislation and sub-delegation (Administrative Law)
• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• The rule against bias (Administrative Law)
• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)