Probate and Succession Certificate, both granted by the competent Courts, are of absolute necessity, especially in the scenario when a deceased person’s estate needs to be distributed by way of Will or by way of Natural Succession. Probate is granted when the deceased person has left a Will. However, the Succession Certificate is granted in […]
Tag: a will
WHEN IT IS NECESSARY TO CHALLENGE A WILL IN THE COURT
This could very well pass off as the saga of relationships, confusions and chaotic disputes. Hemraj Vatsyan’s father Dwarka Dass had two wives. His first marriage with Kamla Dass ended up in a divorce and he then married Jagminder Kaur. He had three sons from his first wife and then adopted a girl, Peggy. Later […]
Reasons to have a Will for Property in India
A will can be defined as a legal document that divides an individual’s intestate amongst his heirs. In order to carry out persons wish after his death, a will becomes the primary document of execution. There are many reasons as to why an individual should draft their wills and get them registered –Custody of Children […]
How to register a Will?
A will is a document that allows for the division and distribution of an individual’s intestate amongst his heirs and others in accordance with his wishes after his demise.The registration of a will is not compulsory; however, a greater legitimacy is attached to it once registered.The registration of a will is considered to be more […]
Grounds to Challenge a Will in The Court
A will is the legal statement of an individual about what he wishes to do with his property after his death. It is the intention of an individual regarding the devolution of his property and what has to be done with the same. A will is registered under Section 18(e) of The Indian Registration Act […]
Challenging A Will in the court of law
A person who makes a Will (the testator) can decide to leave their assets to whomever they wish when they die. It is typically very difficult to challenge a will.In Savithri and others Vs. Karthyayani Amma and others, the Honourable Apex Court held that the natural heirs have either been excluded or a lesser share […]
TRANSFER OF PROPERTY BETTER THAN LEAVING BEHIND A WILL
‘People can only have a long-term plan if they know their private property is secure’. Throughout life, we acquire property in the form of houses, real estate, vehicles and savings accounts. Deciding how to divide assets between loved ones after your passing can be a confusing task. The use of wills and deeds of transfer […]
WILL: Shrouded in Mystery
There have been numerous cases where the Will of a person has been questioned by the courts. It is not uncommon for the High Court to find it suspicious and dispel the wishes of the testator only to be reversed by the Apex Court. A very similar situation took place in Mahesh Kumar (D) By […]
Attesting Witness to Appear before the Court for proving the Will
A Will is basically a legal declaration of the intention of the person regarding the enjoyment of his properties after his death. According to law, a Will is required to be signed by the testator (the person who has made the Will) or any person in this behalf authorized by him and has to attest […]