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Will & Testament 2024
Will & Testament 2024
Definition
• Part VI of Indian Succession Act, 1925.
• Rules:
1. The testator shall sign or shall affix his mark to
the Will, or it shall be signed by some other
person in his presence and by his direction.
2. The signature or mark of the testator, or the
signature of the person signing for him, shall be
so placed that it shall appear that it was intended
thereby to give effect to the writing as a Will.
• The Will shall be attested by two or more
witnesses, each of whom has seen the testator
sign or affix his mark to the Will or has seen some
other person sign the Will, in the presence and by
the direction of the testator, or has received from
the testator a personal acknowledgment of his
signature or mark, or of the signature of such
other person; and each of the witnesses shall sign
the will in the presence of the testator, but it
shall not be necessary that more than one
witness be present at the same time, and no
particular form of attestation shall be necessary.
Section 66- Privileged Wills
• Privileged wills may be in writing, or may be made by word of
mouth.
• Who can make privileged Wills?
• “Any soldier being employed in an expedition or engaged in actual
warfare or an airman so employed or engaged, or any mariner
being at sea, may if he has completed the age of eighteen years”
• You have to declare in the first paragraph of the will that you
are making this will in your full senses and without any kind of
pressure. It is essential to list out all your assets in the will,
item by item, which you own.
The approximate current values of the house, land, or any
other property should be clearly mentioned in the will.
Registration
• A will need not be registered compulsorily but
if so desired it may be registered by the
testator during his life time and thereafter by
any person who is a party to the will.
• The will may be deposited with the registering
authority. (Sec. 42 of Indian Registration Act)