VALID EXECUTION OF AN UNPRIVILEGED WILL

Q.1 What is meant by “testamentary succession” ?

Q.2 Which is the law which governs “testamentary succession” in India ?

Q.3 Which part of the Indian Succession Act, 1925 deals with testamentary succession ?

Q.4 What is the meaning of “Will” under the Indian Succession Act, 1925 ?

Q.5 Is there any distinction between “Will” and “testament” ?

Q.6 What is a “codicil” ?

Q.7 Is it open to an Indian Muslim to make an oral Will in respect of his immovable properties?

Q.8 Are not all the provisions (i.e. Sections 57 to 191) of Part VI of the Indian Succession Act, 1925 applicable to Hindus, Buddhists, Sikhs and Jains ?

Q.9 Which Sections of Part VI of the Indian Succession Act, 1925 are excluded in their application to Hindus, Buddhists, Sikhs and Jains ?

Q.10 Why is it said that except in the case of privileged Wills, a Hindu, Buddhist, Sikh or Jain cannot execute an oral Will ?

Q.11 The following are certain important Latin Maxims applied in connection with Wills. What is their meaning ?

1. Testamentum est voluntatis nostrae justa sentential, de eo quod quis post mortem suam fieri

velit.

2. Testamentum omne morte consummatum.

3. Voluntas facit quod in testamenta scriptum valet.

4. Voluntas testatoris habet interpretationem latam et benignam.

5. Testatoris ultima voluntas est perimplenda secondum veram intentionem suam or Voluntas ultima testatoris est perimplenda secundum veram intentionem suam.

6. Voluntas testatoris ambulatoria est usque ad mortum or Voluntas testatoris est ambulatoria usque ad extremum vitie exitum.

7. Testementa, cum duo inter se pugnantia repariuntur, ultimum ratum est or Sic est, cum duo inter se pugnantia reperiuntur in eodem testamento.

Q.12 Who can make a valid Will ?

Q.13 What are the points to be borne in mind before proceeding to make a Will ?

Q.14 Is there any distinction in the matter of “mode of proof” as between a Will and other documents required by law to be attested ?

Q.15 What are the requirements of valid execution of an unprivileged Will ?

Q.16 On the request and direction of the testator, his nephew affixes his mark to the Will at the appropriate place where the testator should sign. There are two attestors also to the Will. In a suit for partition, the Will is propounded by the legatee. One of the attestors give evidence in support of what transpired in the making of the Will. The opposite party argues that there is no due execution of the Will. Can the opposite party succeed ?

Q.17 What is meant by “animo attestandi” ?

Q.18 What is meant by “attestation” ?


Note: The above questions have been answered by Justice Ram Kumar, Former Judge Kerala High Court at below link video.





6 views0 comments

Recent Posts

See All

Q.1 Is there any difference under the English Law and the Indian Law with regard to a child-witness ? Q.2 What is the meaning of “voir dire” ? Q.3 “Voir dire” is – a) an English word b) a Latin word c