WILL (मृत्युपत्र)

WILL is a legal declaration made by a person who wishes to alienate his property in favor of another person after his death.

A person who executes WILL is called a testator and a woman who executes WILL is called testatrix. A testator by executing WILL Deed provides directions for the disposal of his property according to his wishes to avoid any future disputes between his legal heirs after his death. Every person of sound mind not being a minor may dispose of his property by WILL. A WILL is liable to be revoked or altered at any time during the lifetime of the testator when he is competent to dispose of his property by WILL.

There is no compulsory provision for the registration of WILL but registration of WILL Deed reduces the risk of challenges in court the of law by any other party. Hence, there are some essential points for valid WILL as follows:-

Essentials of Valid WILL :

1. A person who executes WILL must have completed the age of majority.
2. He must be of sound mind at the time of execution of WILL
3. WILL must be written and signed by the testator.
4. It must be signed by at least two witnesses.
5. WILL must be executed on the wishes of the testator and not by undue influence, coercion, fraud, or against the will of the testator.

Section 61 of The Indian Succession Act, 1925 :

WILL obtained by fraud, coercion, or importunity- A WILL or any part of a WILL, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void.

For Example :

i) ‘A’, by fraud and deception, prevails upon the testator to bequeath a legacy to him. The bequest is void.

ii) ‘A’, falsely and knowingly represents to the testator, that the testator’s only child is dead, or that he has done some undutiful act and thereby induces the testator to make a WILL in ‘A’s favor, such WILL has been obtained by fraud and is void.

iii) ‘A’, threatens to shoot ‘B’, or burn his house or to cause him to be arrested on a criminal charge unless he makes a bequest in favor of ‘C’. ‘B’ in consequence, makes a bequest in favor of ‘C’. The bequest is void, the making of it having been caused by coercion.

Types of WILL :

1. Privileged WILL: 

Section 65 of The Indian Succession Act, 1925 provides that, any soldier being employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or any mariner being at sea, may, if he has completed the age of 18 years, dispose of his property by a WILL made in the manner provided in Section 66. Such WILL are called privileged WILLs.

For Example :

i) ‘A’, a soldier in the field against insurgents, is a soldier engaged in actual warfare, and as such can make privileged WILL.

ii) ‘A’, is at sea in a merchant ship, of which he is the purser. He is a mariner, and being at sea, can make privileged WILL.

Section 66 of The Indian Succession Act, 1925 provides the modes of making and rules for executing privileged WILLs :

• This provision provides that, privileged WILLs may be in writing, or maybe made by word of mouth. A testator who is a soldier, airman, or mariner working on the field or engaged in actual warfare can execute his WILL at any time.
• Privileged WILL can be executed in a written form wholly or partly with his own hand and signed by the testator. In such a case it need not be signed or attested.
• If the soldier, airman, or mariner has written instructions for the preparation of his WILL but has died before it could be prepared and executed, such instructions shall be constituted of his WILL.
• If the soldier, airman, or mariner has, in presence of the two witnesses given verbal instructions for the preparation of his WILL but died before the instrument could be prepared or executed. Such instructions shall be constituted of his WILL. Although it may not have been reduced into writing in his presence or read over him.
• A WILL made by word of mouth shall be null at the expiration of one month after the testator being still alive, has ceased to be entitled to make privileged WILL.

2. Unprivileged WILL: 

Any person other than a soldier, airman, or mariner who has written and executed his WILL is called unprivileged WILL.

In unprivileged WILL, a testator has to fulfill all conditions as mentioned above in essentials of valid WILL.

Codicil: 

A codicil is a supplementary document to the WILL. When the testator intends to make any changes in his WILL, without changing the entire WILL, the testator can make changes by executing Codicil. Testator during his lifetime can make changes in WILL at any time.