Month: September 2022
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Parsi Marriages (Ss. 3-17 the Parsi Marriage and Divorce Act, 1936)
The Parsis, literally means “Persians,” who descended from Persian Zoroastrians who emigrated to India in the 7th century to avoid religious persecution by Muslims. They live chiefly in Mumbai and in a few towns and villages mostly to the north of Mumbai, but also at Karachi (Pakistan) and Bengaluru (Karnataka, India). They had adjusted them according to Indian culture but still…
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Condition Subsequent (Ss. 129-137 of the Indian Succession Act, 1925)
Conditional bequests are those bequests which take effect only if certain conditions are fulfilled. Conditional bequests should be distinguished from contingent bequests. While contingent bequests are dependent upon the happening of some events, conditional bequests require the doing or absistence from doing of certain acts. Sections 126 to 137 of the Indian Succession Act, deals…
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Kinds of Bequests (Ss. 122 to 137 of the Indian succession Act, 1925)
A bequest may be defined as The property/benefits which flow under the will from the testator’s estate to the beneficiary. Since making a will is all about making a bequest or a legacy, it is important to understand the principles regarding a valid bequest, the time when it vests, etc. Let us look at these…
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Revocation of Will (Ss. 62, 69, 70 & 72 of the Indian Succession Act, 1925)
A will is a revocable instrument as distinguished from a deed. A will of a living man does not come into operation when it is executed but only upon his death. A will is in its nature ambulatory during the makers lifetime and is therefore always revocable so long as the testator is living. The…
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Execution of Unprivileged Wills (Ss. 63 and 64 of the Indian Evidence Act, 1925)
According to section 2(h) of the Indian Succession act, 1925 A will is defined as the legal declaration of the intention of a testator with respect to his property, which (intention) he desires to be carried into effect after his death. The General Clauses Act, 1897, defines the term will to include “a codicil and…
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Privileged Wills and Their Execution (Ss. 65 and 66 of the Indian Succession Act, 1925)
A will is a document which contains the last wishes of a person as regards the manner and mode of disposition of his property. Many people defer preparing their will for a variety of reasons and ultimately it may be too late. In India, especially, the practice of preparing a will is not very prevalent…
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Void Wills (Ss. 59, 61, 66 & 89 of the Indian Succession Act, 1925)
A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death. It is a legal declaration, unilateral and strictly personal act. It must be a declaration of an intention to dispose of his…
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Capacity to Make a Will (Testamentary Capacity) Ss. 59 and 60 of the Indian Succession Act, 1925
Testamentary succession occurs when a person dies and leaves a will. Their property will be distributed as they bequest in the will however legal rights will still have to be satisfied. According to section 2(h) of the Indian Succession act, 1925 A will is defined as the legal declaration of the intention of a testator with…
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Kinds of Wills
According to section 2(h) of the Indian Succession act, 1925 A will is defined as the legal declaration of the intention of a testator with respect to his property, which (intention) he desires to be carried into effect after his death. The General Clauses Act, 1897, defines the term will to include “a codicil and…
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Will: Testamentary Succession
Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance of a person, are transmitted through his death to another or others either by his will or by operation of law. In last few articles we saw what happens when a…