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Early disposal of pending cases by the High Court
by: Adv. Kishan Dutt Kalaskar 2022-05-06 18:59:44
by: Adv. Kishan Dutt Kalaskar 2022-05-06 18:59:44
by: Adv. Kishan Dutt Kalaskar 2022-04-27 13:48:03
by: Adv. Kishan Dutt Kalaskar 2022-03-31 13:44:46
by: Adv. Kishan Dutt Kalaskar 2022-03-15 10:32:23
by: Adv. Kishan Dutt Kalaskar 2022-03-03 16:26:51
by: Adv. Latha Anand 2022-02-28 16:57:49
Early disposal of pending cases by the High Court
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Goan Real Estate and Construction Ltd. And Anr. V/s Union of India
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Dilution of the statutory protection available to MSMEs
Validity of an Unregistered Sale Agreement
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National Legal Service Authority v/s Union of India and Others
Recovery Procedure in Cheque Bounce Cases
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Ganesh Santa Ram Sirur V/s State Bank of India &Anr.
Recovery Procedure of Consumer Court Cases
Bank Guarantee
M/s M.M.T.C Ltd. & Anr v/s M/s Medchl Chemical & Pharma P
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SunitaTokas v/s New India Insurance Ltd.
Can couples get separated without a divorce?
Scope of Arbitration in India
Appointment of Arbitrators
NRIs right to purchase Property in India
Decriminalization of Dishonour of Cheques: a measure contradictory to its purpose
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Regulation of Cryptocurrency in India
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Remedies against frivolous cases registered against students by the Police
Procedures involved in a Criminal Trial
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Death Certificate of a missing Person
Accountability of Police
Highlight of important Dishonour of Cheque case laws in 2020
Guidelines to be followed by Registered Medical Practitioners to dispense medicines
Land Mark Judgements on Family Law for the Year 2020
Remedies against harassment by Recovery Agents
Abetment to Suicide
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Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
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Constitutionality of Bandhs
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Commissioner of Income Tax V/s Chandra Sekhar
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Judgment: Indian Bank V/s Abs Marine Product Pvt. Ltd.
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Kajal V/s Jagdish Chand
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NRI's Power of Attorney
Megha Khandelwal V/s Rajat Khandelwal and Ors.
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Md. Eqbal & Anrs. V/s State of Jharkhand
Types of Will
Employment Contract
Police Clearance Certificate
Validity of Crypto-Currency in India
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Points to be considered before filing an Income Tax Return
Union of India V/s N. K. Shrivasta
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Types of Stamp Paper
Satvinder Singh V/s State of Bihar
Sexual Violence laws under the Indian Penal Code
Shreya Singhal V/s Union of India
Division of Assets
Shaleen Kabra V/s Shiwani Kabra
Types of Property
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Personal Injury - Damages
Adultery under the Indian Law
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Intentional Wrongs
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Pagdi System
The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
Important Income Tax Return Forms and its Due Dates
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Key changes to Indian Tax Regulations
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Section 138, 141 and 142 of the Negotiable Instrument Act 1881
Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
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Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
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Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
Tougher rules for the E-Commerce Industry
Difficulties faced by men in Family Courts
The consumer is the King in 2020
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Drafting of a Will
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Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
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Overview of The Indian Penal Code
Offences and Prosecution under the Income Tax Act, 1961
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Gift Deed
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Prison Reforms in India
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Delay of Condonation
Points to be Noted for Child Custody to Father
Basic information of Companies
Plastic Money and their Advantage & Disadvantages
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Guidelines to protect doctors from frivolous and unjust prosecution
Unjust Compensation - A Doctors Perspective
Misdiagnosis: A Medical Negligence?
Exemption of doctors operating in Emergency Rooms
General Types of Medico-Legal Cases (MLC)
Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
Medical Consent for treatment in India
Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
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Contempt of Court
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Bankruptcy & Insolvency in India
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Guardian and Ward Act In India
Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
By: Adv. Kishan Dutt Kalaskar
Date:03 January 2022
Wills
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Likes:0In India, the concept of Will has had its deep-rooted origin for a very long time; its importance grows with the feeling of transferring family wealth and business from one generation to another with ease.
A Will is a declaration by way of an established instrument wherein a person disposes of their property which shall take effect after their death and which to its primary nature is ambulatory and revocable during that person’s life. The Will was mainly recognised because of its ambulatory characteristics as it was a distinguishable feature of the disposition from the normal deed. According to the statute, a will is the aggregate of man’s testamentary intention so far as their manifested duly executed.
A will is a written document wherein a person states the procedure of devolution of his/her property and manifest his/her desire as to what and how a lifetime worth of assets will be dealt with after his/her death. A person who creates the Will is known as the ‘Testator’, and the person for whom the Will is executed is known as the “executor”, and the property disposed of in the Will is known as the subject matter of the Will.
In India, as the registration of the Will is concerned, the Indian Registration Act, 1908 deals with the provision that has to be complied with, and as per the provision of the Indian Registration Act, 1908, there exists no provision for making the registration of the Will compulsory, because if the Act makes such document to be registered compulsorily that will attract some adverse consequences in many aspects of its practice in India. The registration of the Will in India is optional and at the peril of the parties creating a Will. The contrary opinions have been formed on the matter of registration of Will. It is always advisable by the legislature that a Will if made, should be registered. The Will has not necessarily been too registered by the testator or the creator of the Will, but any person who is an executor of the Will can write the Will after the testator's death. A Will can be kept with any person by himself (testator) or by any executor with the registrar wherein the Will was registered; the Will of the person can be deposited in the seal covered with the testator's name attached with the statement of nature of the document.
There are several legal considerations to creating a Will. The registered Will is a registered document/deed that can be challenged in the court of law for many reasons mentioned in this article below.
Reasons pursuing to which a registered Will can be challenged in the court of law
A document made by any person that obliges any other person to work in part or in full for consideration or without any consideration will not be allowed to sustain. Such document will not be attributed any validity or legality in the eye of law. A registered document is though earned, a presumption that it is free from any malice or by any way illegal; according to the same understanding, it is interrelated that the registered Will is free from any fraud. The person who challenges the Will in the court of law on the reason that it was created by fraud the burden is upon him to prove the fraud in the registered document or registered Will.
Any person committing an act of violence against any such person from whom any obligations have to be fulfilled or any task has to be compelling without the consent of his/her is known as coercion. An act of coercion is illegal in the eyes of the law. If the reregistered Will is created by an act of coercion, it will be deemed unlawful, but such a person claiming the Will to be illegal has to prove that the Will is unlawful in this context.
Undue influence is to use the influence by way of position of power or for any reason of emotional connection wherein the decision is taken is not based on sound mind or informed reason. Such a factor plays a major role in deciding whether any document registered under such influence has any morality or, for that purpose, any legality. The registered Will for any purpose, if made by the undue influence of any family member or by any member of the testator, can be challenged in the court of law if proven by the substantial evidence on this behalf.
Various aspects prove the legality of the Will in the court of law, whereas the nature of Will also falls prey to being challenged if the Will is not created in complete accordance with these aspects. Following are various aspects if found, or deficient such Will could be challenged in the court of law:
As any person who wishes to execute a Will, he has to perform some functions in creating Will and then some legal compliance to validate the Will and create a Will that has the support of law and is recognised in the eye of law. If there are errors in the execution of the “Will”, then such a Will can be challenged in the court of law.
As discussed above, the Will can now be fairly understood as the Testator’s demand/desire/order for dealing with his property after death. Any person while making a Will maintains a clear and transparent content as to the wish of the Testator, but such intention of the testator should be made clear, and the content of the Will should be concise and unambiguous, but if by any interpretation of the Will there seems so that the provision of any clause in the Will seems ambiguous or contrary to the intention of the testator then such clause or any Will to that extent can be challenged in the court of law.
There are certain pre-conditions required by any person who creates the Will that is mandatory for him/her to comply, without which anything done in such process of creation will be termed as null and void.
Following are certain conditions for creating a Will:
Conclusion
A Will is a very important aspect of a person’s life as it decides who will inherit all the hard-earned money once the person is dead. Therefore, in a country like India, it becomes very important that if a person finds a Will formed to be unsatisfactory, then he/she has the right to challenge the registered Will in the court to make sure there is no misconduct happening. The registered Will can be challenged for all the reasons mentioned above, and the procedure to be followed has been discussed in the article.
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