Will and Probate Laws in India

Will and Probate Laws in India

In India, Wills are governed by the Indian Succession Act, 1925. Any person above 18 and of sound mind can make a Will, which must be written, signed by the testator, and witnessed by at least two individuals. While registration is not mandatory, it is recommended for legal protection.

There are two main types of Wills: privileged Wills for soldiers in warfare and unprivileged Wills for everyone else. A Will can be revoked or modified at any time, and a new Will automatically cancels the previous one. Probate, required in certain cities, certifies the authenticity of a Will in court.

Inheritance laws differ based on religion; Hindus, Sikhs, Jains, and Buddhists follow the Indian Succession Act, while Muslims are governed by Islamic law, which limits them to bequeathing one-third of their property without heirs' consent. Christians and Parsis are also governed by the Indian Succession Act.

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