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Will - Under Indian Succession Act


Revocation of a Will / Loss of a Will

A will can be revoked in the following manner

  1. By execution of a subsequent will

  2. By some writing and declaring an intention to revoke the will

  3. By burning of the will

  4. By tearing of the will

  5. Otherwise destroying the will

When a will is evoked by a subsequent will, the will so revoked will have no operation

 

Loss of a Will

If a will is lost it will be presumed to be revoked. If the will was seen with the testator, but could not be found after the death testator, it will be presumed that the same has been revoked by the testator by destroying the same.

 

Registration

The registration of a will is not compulsory. However, the testator may register the will or deposit the will in a sealed cover with the Registrar. There is no time limit for registration

 

Will in Favor of Wife and Children

   

I ........, son of Shri .............., resident of ......................., declare this to be my last will.  

  1. I, hereby appoint Shri ................, as the executor and trustee of this will.

  2. I devise and bequeath to my wife Smt .................my house bearing No. ................ situated on..........., city............... and more particularly described in the schedule I hereto, with full rights and powers of disposal.

  3. I devise and bequest upon my son my flat bearing No ..............., situated at .............., more particularly described in Schedule II, with full rights and powers of disposal.

  4. I devise and bequeath upon my daughter Smt ...................., the shares, debentures, securities and fixed deposit mentioned in Schedule III.

In witness whereof I the abovenamed ...................have signed this will on the day of........... 200...

Signed by the abovenamed ............... in our presence, who in his presence, have hereunto subscribed our names and as witnesses.

WITNESSES

 

TESTATOR

 

1.

 

2.

 

 



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