How Many Types of Will are there in India

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How Many Types of Will are
There in India?
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Introduction
According to Muslim law, a will, also known as
wasiyat, is a legal document created on plain
paper as opposed to stamp paper in which the
testator lists all of his possessions in the
names of his loved ones, including his family,
friends, and relatives as well as charitable
organisations. Due to the misconception that
only elderly individuals can prepare a will,
approximately 54 of the adult population does
not have one. Eligibility and Confusion
Surrounding Will Preparation Anyone who has
reached the age of 18 is eligible to create a
will. However, some individuals may feel
uncertain or confused about which type of will
best suits their needs.
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Exploring Various Will Types in India
In Hindu Law, there are primarily two types of
will, which are as follows
Privileged Will
Unprivileged Will
You don't need a sound mind to create it. For
instance, a soldier can also make his WILL
verbally if he is at danger of dying.
A commoner cannot create a WILL if they are not
of sound mind. A WILL cannot be prepared, for
instance, if a person has a serious disease like
paralysis or is bedridden.
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What requirements must a valid will be met in
Indian law?
The minimum age requirement to create a will is
18. Minors lack the legal capacity to make a will.
Other married women, excluding Muslims, do have
the ability to write a will.
On plain paper, a will has been prepared. While
executing the WILL, stamp paper is not necessary
instead, what matters is paying the correct
registration fees.
Through the assistance of their dictator or
another reliable someone, Deaf and Blind people
can make their wills.
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Which assets can be given in a will?
Only the beneficiaries may receive self-owned
property distributions. A joint-ownership
property may likewise be bequeathed under a WILL.
Only the specific owned portion is
transferable. A gift property or assets that are
rented out are ineligible for inclusion in the
will. It is crucial to include the land size and
other information from the original sale deed of
the property because missing information renders
the WILL legally void.
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How to Prove a Will is valid?
According to the Three Sections of Evidence Act
of 1872, it is possible to demonstrate the
validity of a will by providing evidence of its
execution and the veracity of the will's written
provisions. According to Section 67 of the
Evidence Act of 1872, the validity of the Will is
verified to determine whether the handwriting and
witness signatures are those of the same person
or not. According to Section 68 of the Evidence
Act of 1872, if a legal document is not attested
by Indian law, it cannot be used as evidence in
court.
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What is the Indian Time Limit for Contesting a
Will?
A registered Will may be contested within 12
years of its writing in accordance with the
Indian Penal Code (IPC). However, it is believed
that if the Will challenger waits a long time to
do so, the Will's shortcomings will be forgotten
and won't be as significant. The challenger would
find it challenging to bring out the Will's
shortcomings.
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