Will and codicils

Will and codicils

1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
Will and Codicils
Lakshminarayanan Alaguraja
Advocate
Altacit Global

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
Introduction
A will or testament is a legal declaration by
which a person, the testator, names one or
more persons to manage his or her estate
and provides for the distribution of his or her
property at death. For the devolution of
property not disposed of by will, see
inheritance and intestacy.

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
CODICIL
Codicil - (1) amendment to a will; (2) a will that
modifies or partially revokes an existing or earlier
will. A will may be amended by making a codicil,
which may be endorsed on the old will, or by a
separate Document.

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
PROPERTY
Though it has at times been thought that a "will"
was historically limited to real property while
"testament" applies only to dispositions of personal
property (thus giving rise to the popular title of the
document as "Last Will and Testament"), the
historical records show that the terms have been
used interchangeably. [1] Thus, the word "will"
validly applies to both personal and real property. A
will may also create a testamentary trust that is
effective only after the death of the testator.

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
Ancestral property
One can make a WILL on Self Acquired
Property only & not Ancestral or
Copacenary Hindu Property.
Firstly the court needs to established
whether it qualifies to be an Ancestral
Property, if proven that it is an
Ancestral Property than the WILL
stand as invalid.

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
HOW
Language of a Will: A Will can be written in any
language and no technical words need to be used in
a Will, however the words used should be clear and
unambiguous so that the intention of the testator is
reflected in his Will.
Stamp Duty: No stamp duty is required to be paid
for executing a Will or a codicil. A Will, therefore,
need not be made on stamp paper.
Attestation: A Will must be attested by two
witnesses who must witness the testator executing
the Will. The witnesses should sign in the presence
of each other and in the presence of the testator.

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
REGISTRATION
The registration of a document provides evidence
that the proper parties had appeared before the
registering officers and the latter had attested the
same after ascertaining their identity. In India, the
registration of Wills is not compulsory even if it
relates to immoveable property. The non-
registration of a Will does not lead to any inference
against the genuineness of a Will. In other words,
registration therefore does not give any special
sanctity to the Will though registration of the Will by
the testator himself evidences the genuineness of
the Will.

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
Procedure for Registration
A Will is to be registered with the
registrar/sub-registrar with a nominal
registration fee. The testator must be
personally present at the registrar's
office along with witnesses.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
REVOCATION
Revocation & Amendment: A Will can be
revoked, changed or altered by the testator
at any time when he is competent to dispose
of his property. A person can revoke, change
or alter his Will by executing a new Will,
revoking the earlier Will, registering the new
Will (if the old Will is registered), destroying
the old Will or by making a codicil.

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
APPLICABLE LAWS
•The Indian Succession Act, 1925
•Hindu Personal Laws
•Muslim Personal Laws
•The Indian Registration Act, 1908

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
PROBATE
Probate is the procedure by which a will is
approved by the Court as the valid and last
will of a deceased testator (the person who
made the will). It also confirms the
appointment of the person named as
executor in the will. The Court gives the
executor documents, called the letters
probate, as proof of his or her authority to
deal with the estate.

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
PROBATE MANDATORY
A probate is mandatory in the event
that a Will is executed in the cities of
Mumbai, Calcutta or Chennai, to the
extent that the Will pertains to
immovable property in Mumbai,
Calcutta or Chennai.

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
Muslims Will
Muslim Personal Law governs a Muslim testator's
power to make a Will, the nature of the Will, its
execution and attestation thereof etc. Under the
Muslim Personal Law, a Muslim testator can make a
Will orally or in writing and no form is required for
such writing. However, it is preferable to have a
written Will. If the Will is in writing it need not be
attested. It may be noted that the provisions of the
Indian Succession Act do not generally apply to a
Muslim testator unless specifically stated in the Act.

14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
Cont…
In India, a person who is a major and of sound mind
can make a Will and he can dispose of all or any part
of his property by Will. However, there are two basic
restrictions on the power of a Muslim testator to
make a Will,
A Muslim can bequeath only one-third of his
property by Will.
The heirs of a Muslim testator may consent to
bequest in excess of one-third of the testator's
assets.

15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
Cont…
A Muslim may change his Will during his lifetime or
cancel any legacy. A Will may also become void if a
Muslim testator, after making the Will, becomes
unsound of mind and continues to be so till his
death. Similarly, a bequest which is contingent, or
conditional or in the future or is alternative to
another, pre-existing one, would be void. If an
executor is appointed by a Muslim testator, the
powers and duties of the executor will be in
accordance with the provisions of the Indian
Succession Act which have been discussed
elsewhere.

16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
Thank You for your Patience