Revocation of Will

Family Law

Dr Racchana D Fadia

First Year LL.B.

Roll No: 12

Division: A

JITENDRA CHAUHAN COLLEGE OF LAW

NAME OF FACULTY: PROF. NAVNITHA A WARRIER

 Acknowledgement
I would like to express my sincere thanks to Respected Teacher Prof. Navnitha A Warrier and
our Respected Principal Dr Priya J. Shah Ma’am at our esteemed Jitendra Chauhan College
of Law, for their continued and selfless valuable guidance and support in completing my
project. Without their support and suggestions, this project would not have been completed.

I would like to express my gratitude towards the Office and Library staff of Jitendra Chauhan
College of Law for all the back end support to ensure our access to books and journals for
preparation of the project topics.

I would like to appreciate all the senior colleagues and batchmates at our College for their
support and coordination

Place: Mumbai

Date:

Name: Dr Racchana D Fadia

TABLE OF CONTENTS

1. Introduction

2. Legal Will In India

3. Components Of A Legal Will In India

4. Implications Of Legal Will In Family Law

5. Some Important Case Laws On Legal Will In India

6. Revocation Of Legal Will In India

7. Conclusion

8. References
 1. INTRODUCTION

A legal will is a legal testamentary document that specifies how an individual's property
and assets will be distributed after their death. In India, the laws related to wills and
succession are governed by the Indian Succession Act, 1925. 1

A legal will is a crucial document for estate planning, as it helps ensure that an
individual's assets are distributed according to their wishes. In this project, we will
discuss the legal will and its implications in India from the perspective of Family Law.

2. LEGAL WILL IN INDIA:

The Indian Succession Act, 1925 governs the laws and components related to wills and
succession in India. The Act lays down the requirements that must be fulfilled for a will
to be considered legally valid in India. According to Section 63 of the Act, any person
who is of sound mind and is not a minor can make a will. The will must be in writing,
signed by the testator or by someone else in their presence and at their direction, and
attested by two witnesses who have seen the testator sign or acknowledge their signature
in their presence. The witnesses must also sign the will in the presence of the testator and
of each other.2

3. COMPONENTS OF A LEGAL WILL IN INDIA

a. Testator:
b. The testator is the person who makes the will. In order to make a will, the testator
must be of sound mind, and must have attained the age of majority, which is 18
years in India.3 The testator must also have the capacity to understand the nature
and effect of making a will.4

c. Executor:
1
Indian Succession Act, 1925.

2
Indian Succession Act, 1925, Section 63

3
Indian Majority Act, 1875, Section 3

4
Indian Succession Act, 1925, Section 59.
 The executor is the person appointed by the testator to carry out the provisions of the
will. The executor is responsible for managing the testator's assets and distributing
them in accordance with the provisions of the will. The executor must be of sound
mind and must have attained the age of majority. The testator may appoint one or
more executors in the will, and may also specify their powers and duties.5

d. Beneficiaries:
The beneficiaries are the individuals who will receive the testator's property and
assets after their death. The testator may specify the beneficiaries in the will and the
share of the assets that each beneficiary will receive. The testator may also specify
conditions and restrictions on the distribution of the assets, such as age restrictions, or
the completion of a specific task.6

e. Attestation:
The will must be attested by two or more witnesses who have witnessed the testator
signing the will, and who have signed the will in the presence of the testator. The
witnesses must be of sound mind and must have attained the age of majority. The
witnesses must also attest to the fact that the testator was of sound mind and free from
any undue influence or coercion at the time of making the will.7

f. Registration:
Registration of a will is not mandatory in India. However, it is advisable to register
the will to avoid any disputes regarding its authenticity or validity. The registration of
a will can be done with the Registrar of Sub-Assurances or the Registrar of
Assurances.8

5
Indian Succession Act, 1925, Section 211

6
Ibid 2. Indian Succession Act, 1925, Section 63.

7
Ibid.

8
Indian Registration Act, 1908, Section 17.
 In conclusion, a legal will in India must fulfill the requirements laid down by the
Indian Succession Act, 1925. It is important for individuals to carefully consider the
components of a will and seek professional advice when making a will to ensure that
their wishes are carried out in accordance with the law.

4. IMPLICATIONS OF LEGAL WILL IN FAMILY LAW:

A legal will has several implications in the context of Family Law in India. Some of
these are:

a. Distribution of Property:
A legal will specifies how an individual's assets will be distributed after their death.
This is important in cases where the individual has heirs who may have conflicting
claims to the assets. A legal will can help avoid disputes among family members and
ensure that the assets are distributed according to the testator's wishes.9

b. Guardianship of Children:
A legal will can also specify who will take care of the testator's children in case of
their death. This is important in cases where the testator has minor children who may
need a guardian. A legal will can help ensure that the children are taken care of by a
person of the testator's choosing.10

c. Disinheritance:
A legal will also allows an individual to disinherit a family member. This is important
in cases where the testator has a family member who they do not wish to inherit their
assets. A legal will can help ensure that the assets are distributed according to the
testator's wishes and not according to the laws of succession, which may
automatically give a share of the assets to the disinherited family member.11

d. Protection of Assets:
9
Raj Kumari v. Niranjan Singh, AIR 2000 All 215.

10
H. Abdul Rahim v. C.V. Kunhammed, AIR 1962 Ker 149.

11
Mohd. Usman v. Ali Gauhar, AIR 1929 All 357.
 A legal will can also be used to protect an individual's assets. For example, a
testator can specify that their assets should be put in a trust and managed by a
trustee until a certain condition is met. This can help protect the assets from being
mismanaged or dissipated by family members or other beneficiaries.12

5. SOME IMPORTANT CASE LAWS ON LEGAL WILL IN INDIA:

There have been several important cases in India related to legal wills and their
implications in Family Law. For example, in the case of Sneh Prabha v. Ramesh Chandra,
the court held that a will cannot be invalidated merely because it disinherited a family
member. The court stated that the testator has the right to dispose of their property as they
see fit, and unless the will is obtained by fraud or coercion, it must be given effect to.13

In another case, Madhuri Bose v. Anil Kumar Bose, the court held that a will can be set
aside if it is shown that the testator did not have the requisite mental capacity to make the
will. In this case, the testator suffered from dementia and was under the care of the
beneficiary of the will. The court held that the will was made under suspicious
circumstances and set it aside.14

6. REVOCATION OF LEGAL WILL IN INDIA

Revocation of a legal will refers to the process of cancelling or invalidating a

previously made will. In India, the Indian Succession Act, 1925, governs the
revocation of legal wills. This act lays down the various methods through which a
legal will can be revoked in India.

A legal will can be revoked by the testator at any time before their death. This can be
done by making a subsequent will or codicil that revokes the earlier will expressly or
by implication. It can also be done by destroying or burning the will with the intention
of revoking it or by writing and signing a declaration stating that the testator revokes
the will, and then either destroying the will or delivering it to someone with the

12
N.R. Narendranath v. K. Srinivasan, AIR 1966 Mad 434

13
Sneh Prabha v. Ramesh Chandra, AIR 1986 SC 462.

14
Madhuri Bose v. Anil Kumar Bose, (2009) 3 SCC 177
 intention of revoking it.15 The revocation must be done in accordance with the
provisions of the Indian Succession Act, 1925.16

A. Revocation by Subsequent Will:

One of the most common methods of revoking a legal will in India is by executing a
subsequent will. A subsequent will must be executed with the same formalities as the
original will. If a subsequent will is made, it will revoke all the earlier wills made by
the testator, either in whole or in part, to the extent of any inconsistency.17

B. Revocation by Destruction:
A legal will can also be revoked by destroying it with the intention of revoking it. If a
testator destroys their will with the intention of revoking it, the revocation will take
effect from the date of destruction.18 However, it is important to note that the
destruction of a will must be done by the testator themselves or by someone
authorized by the testator in their presence.19

C. Revocation by Marriage:
In India, a legal will made by a Hindu woman is automatically revoked by her
marriage^4. This provision is applicable only to Hindu women, and not to women
belonging to other religions. However, if the will was made in contemplation of the
marriage, it will not be revoked by the marriage.20

D. Revocation by Operation of Law:

A legal will can also be revoked by operation of law. For instance, if a testator makes
a will and subsequently acquires a property that was not mentioned in the will, the
property will pass to the legal heirs of the testator and not to the beneficiaries

15
Indian Succession Act, 1925, Section 70.

16
Indian Succession Act, 1925, Section 70.

17
Indian Succession Act, 1925, Section 70.

18
Indian Succession Act, 1925, Section 69.

19
Kalyanasundaram Pillai v. Sivagami Ammal, AIR 1935 Mad 890.

20
Veena Kumari v. Ramesh Chander, (2009) 4 SCC 230.
 mentioned in the will. Similarly, if a beneficiary mentioned in the will predeceases the
testator, their share will pass on to their legal heirs and not to any other beneficiary
mentioned in the will21.

E. Revocation by Mutual Agreement:

A legal will can also be revoked by mutual agreement between the testator and the
beneficiaries. In such cases, the revocation must be done in writing and must be
signed by both the testator and the beneficiaries. The revocation must also be attested
by two witnesses.22

7. CONCLUSION:
In conclusion, a legal will is an important document in India for estate planning and
has several implications in the context of Family Law. It allows an individual to
specify how their assets will be distributed after their death, who will take care of
their minor children, and can protect their assets from being mismanaged or
dissipated. However, it is important to ensure that the will is made in accordance with
the Indian Succession Act, 1925 and is not made under suspicious circumstances. In
case of any disputes related to legal wills, the Indian courts have established
guidelines to ensure that the testator's wishes are given effect to, while also protecting
the rights of the heirs and beneficiaries.

A legal will can be revoked in India by various methods such as executing a

subsequent will, destruction, marriage, operation of law, or mutual agreement. It is
important for individuals to understand the various methods of revocation and seek
professional advice when revoking a legal will to ensure that their wishes are carried
out in accordance with the law.

8. REFERENCES:

A. Indian Succession Act, 1925

21
Indian Succession Act, 1925, Section 32

22
Indian Succession Act, 1925, Section 62
B. Raj Kumari v. Niranjan Singh, AIR 2000 All 215.

C. H. Abdul Rahim v. C.V. Kunhammed, AIR 1962 Ker 149.

D. Mohd. Usman v. Ali Gauhar, AIR 1929 All 357.

E. N.R. Narendranath v. K. Srinivasan, AIR 1966 Mad 434.

F. Indian Succession Act, 1925, Section 70.

G. Sneh Prabha v. Ramesh Chandra, AIR 1986 SC 462.

H. Madhuri Bose v. Anil Kumar Bose, (2009) 3 SCC 177.

I. Kalyanasundaram Pillai v. Sivagami Ammal, AIR 1935 Mad 890.

J. Hindu Succession Act, 1956, Section 14.

K. Veena Kumari v. Ramesh Chander, (2009) 4 SCC 230.