One of the
modes of succession is through a will, also known as testamentary
succession. A will is a document which contains the last wishes of a
person as regards the manner and mode of disposition of his property. The
making of wills in India is governed by the provisions of the Indian
Succession Act, 1925 (“the Act”). While intestate succession is
different for different religions, the law governing the making of wills is the
same for people of all religions except Muslims. The Act does not apply to
wills made by Muslims as they are governed by their respective Shariat Laws.
Succession, whether through wills or otherwise, always has some interesting
issues, one such being whether a will should be registered and if yes, does it
have any special advantages?
term `will’ indicates, it signifies a wish, desire, choice, etc., of a person.
A person expresses his will as regards the disposition of his property. The Act
defines a will to mean “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”. The General Clauses Act, 1897, defines the term will to
include “a codicil and every writing making a voluntary posthumous disposition
of property”. The Indian Penal Code defines a will to denote any testamentary