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Will
Will
According to Succession Act 1925, “Will means the legal declaration of the
intention of the testator with respect to his property which he desires to be
carried into effect after his death.” [Sec 2(h)]
The concept of will under Hindu law is derived from the concept of gift. The
testamentary power of a Hindu was first established in the Nudden’s case
1772. Later several Acts has been passed to update the law of will—
In order to counter this difficulty and to make the disposition in favour of unborn person by will or gift possible,
following Acts were passed—
“No gift/will is invalid by reason only that any person for whose benefit it may have been made was not born at the
time of gift/will, if—
a) The gift to unborn person is preceded by a prior disposition of the whole residue
b) The gift does not affect the rule against perpetuity
c) The gift is made to a class of persons with regards to some of whom it is void, the gift fails in regard to those
persons only and not in regard to whole of class.”
Questions
1. Define will with the essentials to make a will valid under
Hindu Law.
2. Who and to whom a valid will may be made?
3. How a valid will be executed after passing Succession Act
1925?
4. How will you revoke a valid will?
5. What you know about will or gift to unborn person?