An overview of wills under hindu law

PriyankaD44 825 views 8 slides Jul 04, 2021
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About This Presentation

under family law an overview of wills types and important words related to wills under hindu law.
it contains all the sections.


Slide Content

By- D.PRIYANKA AN OVERVIEW OF WILLS UNDER HINDU LAW

Section 2(h) of Indian succession act,1925. Essential characteristics: W ill legal declaration of the intention of the testator declaration is with respect to the testator’s property The intention manifests only after the testator’s death

When a will is said to be valid ? Signature of the testator 2 or more witnesses Witness should not be a beneficiary

Kinds of wills

C apacity of testator and legatee Testator : section 59 of Hindu succession act,1925 – The section prohibits a person from making a Will when in a state of intoxication or illness which makes him/her incapable of understanding the consequences of the act. Legatee : any person capable of holding a property. -minor -lunatic -corporation -Hindu deity -juristic person Attained age of majority Sound mind

Execution : Ittianam and Ors. v. Cherichi alias Padmini Alteration : Section 71 Alterations are not done in the original will rather on a separate document known as codicil and the same is attached with the original will. Case: Dayanandi vs. Rukma D Suvarna & Ors Revocation : Not applicable for hindu religion

Under S. 30 of the Hindu Succession Act, a Hindu may dispose of, by will or other testamentary disposition, even his interest in a coparcenary property. Under S. 14 of the Hindu Succession Act, any property possessed by a female Hindu, whether acquired before or after the commencement of the Act, becomes her absolute property, and she becomes the absolute owner of such property and is, therefore, entitled to dispose of such property by will. Which property may be disposed by will?

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