Testamentary Succession-FAQs

What is Testamentary Succession?

Testamentary succession is the process by which a person distributes his possessions in a will. A person may only create a will for their personal property. The Indian Succession Act, 1925 governs testamentary succession. Under testamentary succession, a person is given the legal authority to decide, while still living, how his estate will be distributed after his passing. In addition to protecting its enforcement (to compel observation and conformity to that will), the law respects the deceased person’s will. A person is considered to have created a will if they use this method to decide how to distribute their possessions....

Testamentary Succession under Personal Laws

The Testamentary Succession are as follows:...

1. Testamentary Succession under Muslim Law

Mohammedan law refers to an executor as a wasi, which is derived from the word “wasiyyat,” which signifies a will. A Muslim who is of legal age and has a has a sound mind is able to make a will. Making a legitimate will does not require using any specific form. Any clear-cut declaration of testamentary character will do. The will can either be provided in writing or verbally. A will may be used to dispose of any property that the testator had at the time of their death and that might be transferred. It goes without saying that a will cannot leave property to another person. A Muslim is only allowed to dispose of one-third of his possessions after paying his obligations and burial costs. The deceased’s heirs will receive the remaining two-thirds of the property....

2. Testamentary Succession among Hindus

The Indian Succession Act, 1925, contains the laws governing testamentary succession among Hindus, Parsis, and Christians. Substantial law matters, such as what kind of property may be transferred or what kinds of estates and interests may be established, are not covered by this Act....

3. Testamentary Succession among Parsis and Christians

A person’s testamentary succession may be handled through probate or the creation of a will. However, for a will to be deemed legal, it must be legitimate, and the person drafting it must be competent enough to do so. For Christians and Parsis, some significant facets of testamentary succession includes the following mentioned....

Sample Will

I, ________, d/s/o ___________, a __________-year-old inhabitant of __________, now make this my final will and testament. Under Indian law, all previously drafted wills are hereby annulled. I am not under any coercion and am writing this voluntarily. I can understand what I write in this will, and my physical and mental health are in good condition. I’m married to _________, and together, ________, who is 26 years old, and _________, who is 27 years old, are our two children. 2. By virtue of this will, I would want to leave the following to the people I own as of right now:. i. A 3500-square-foot, five-bedroom apartment in ________ that was purchased in April 2016 for ₹1.75 crore; ii. Two fixed deposits each of ₹25 lacs in cash at _________ bank; iii. One Mahindra thar car was purchased in 2022, and one Audi A6 was purchased in 2018. iv. Five hundred grams of gold jewelry were found in the PNB vault at ________. 3. I am the owner of all assets that I have personally obtained. Regarding these assets or properties, no other person has any kind of claim, demand, title, interest, or right. On these assets, as well as any other property that may be substituted in their place or locations that I may hereafter acquire or receive, I have all rights, total power, and total authority. 4. After my passing, I would like all of the aforementioned assets to degenerate upon my wife ______, who will then succeed to the property as its single and exclusive owner, disqualifying my other heirs by law. However, all of my assets shall pass to my children equally, completely, and eternally in the event that my wife predeceases me, to the exclusion of any other legitimate successor. 5. That my wife or my children, as the case may be, would repay and discharge all of my debts and obligations, including but not limited to taxes, fines, cess, charges, etc., of any kind, whether they were generated before or after my death, from the aforementioned assets. 6. I have consciously created this will free from undue influence, pressure, compulsion, error of any type, and a sincere desire to settle any disagreement. 7. I am signing this will after thoroughly reading and comprehending its contents. Two responsible individuals who will serve as the attesting witnesses are there with me. In testimony whereof, I, ____________, do hereby declare this to be my final will and testament. I have also placed my hand in the presence of the witnesses listed below, all of whom have simultaneously signed this document in front of me and each other on this day.. WITNESSES: 1._______________ 2.______________ TESTATOR Name:___________ Signature: ________...

Conclusion

Testamentary succession allows individuals to distribute their possessions through a will. Laws govern who can make a will and how assets are distributed, ensuring clarity and fairness in inheritance....

Testamentary Succession-FAQs

Does Islam allow for inheritance by non-Muslims?...