In this blog post, Mitali Shahane, a TYBLS student studying at Pravin Gandhi College Of Law, Mumbai describes the process of making a last will and testament.

Introduction

Every person has a desire that after he dies his family will not face any problems.  Be it monetary or any family dispute, he just wants his family to stay happy. In order to achieve this, his wish to put the division of all the property he possesses should be put in black and white. The only way possible for him to resolve this is through a written Will. One finds the law governing Will in the form of Indian Succession Act, 1925 which is applicable to Hindus, Buddhist, Parsees, Jain, Christians and Sikhs. The law is not applicable to the Muslim community. Our common understanding describes Will to be as a wish or desire of a person who bequeaths his/her property (both immoveable and moveable) as set in the legal document after his death.

Whenever, a person dies without leaving a will that person is said to die intestate and the testamentary law finds no application in such case. The intestate provisions under Hindu Succession Act, 1956 are applied to Hindu, Jain, Sikh and Buddhist, Christians, and Parsees, while the Jews are governed by Indian Succession Act, 1925. Generally, the practice is to approach a legal adviser who would be able to highlight on every impediment associated with the drafting of the Will. The person who desires to make his Will is termed as the Testator if he is a male and Testatrix in case of a female. The person who benefits from the will is called a Beneficiary (Note: the executor and the beneficiary can be the same person unless stated.)  

The Statutory Definition

The statutory definition of “Will” is under the Indian Succession Act, 1925 (the said act), which reads as “the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.”[1]

When Can A Person Decide To Make A Will?

Every state has very strict requirements as to who can make a Last Will and Testament. Most states require that you be at least 18 years of age, although some states make an exception if you’re serving in the military. Some states also have a lower age limit; for example, Louisiana’s minimum age is 16 and Georgia’s minimum age is 14.[2].

Section 59 of the said act specifies that the person who makes a will should be of sound mind and should not be a minor.

Persons Capable Of Making The Will (Section 59)

Every person:

1. Of sound mind
2. Not a minor
3. A married woman suffers from no disability.
4. A person who is DEAF, DUMB or BLIND can also make a will if capable of understanding or knowing as to what by it.
5. A person who is insane can make a will during the period where there is no attack of insanity.

However, Section 60[3] carves out an exception to the general rule and a father is allowed to make a will even if he (father) is a minor. The purpose of will is also in that case limited to the extent of appointing a guardian for his minor child.

In short, the testator’s age, disease and mental weakness are all important considerations while considering the testamentary capacity of the Testator.

What is required for the validity of a will is that the testator should have been able to comprehend the nature and effect of the disposition at the time of making the will. The testamentary capacity has to be judged not by an absolute standard but as relative to a particular testamentary act.

Mere ability to sign or ability to maintain ordinary conversation does not necessarily constitute a sound mind and disposing mind. The apex Court held that the testatrix was of sound mind (although she was 70 years of age and although physically incapable of signing her name) and upheld the will made by the widowed lady.

As a general rule, a minor is debarred from making a will.

What Has The Youth To Say About The “Ideal Age’?

A detailed survey conducted by the Times of India found the general opinion to be between age group of 30 and 40. The report also stated that in order to avoid rivalry between siblings the Parents prefer to make will at an early age. [4]

Common Clauses Under A Will[5]

a) Name, age, address, religion	b) Revocation of earlier Will
c) List of relatives	d) Appointment of executor
e) Discharge of obligations	f) Legacies and bequests to persons
g) Residual estate	h) Testimonium
i) Execution	j) Witness
k) Safe custody

Though no form is prescribed following clauses are commonly found in a Will. [6]

Terms Associated With A Will

Now, let us focus on the various terms associated with the Will.

Codicil: A testamentary disposition subsequent to a will, and by which the will is altered, explained, added to, subtracted from, or confirmed by way of republication, but in no case totally revoked.[7]

Executor: A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease.[8]

Probate: The court process by which a Will is proved to be valid or invalid. The legal process wherein the estate of the decedent is administered.[9]

Letters of Administration: Letters of Administration is a certificate granted by the competent court to an administrator where there exists a Will authorizing him to administer the estate of the deceased in accordance with the Will. If the Will does not name any executor, an application can be filed in the court for grant of Letter of Administration for the property.[10]

A formal document issued by a court of probate appointing a manager of the assets and liabilities of the estate of the deceased in certain situations.[11]

Attestation of Will: The act of attending the execution of a document and bearing witness to its authenticity, by signing one’s name to it to affirm that it is genuine. The certification by a custodian of records that a copy of an original document is a true copy which is demonstrated by his or her signature on a certificate.[12]

What Are The Key Characteristics Of A Will?

Firstly, it is of paramount importance that the testator’s intention is met. The testator’s intention should be inconsonance with the law applicable during the period. The disposition of property is carried out in accordance with the law and it is upon the testator to decide the manner in which his property is to be bequeathed. It is also upon the testator who should be appointed and how many would become Executor(s)/Executrix of the Will. The testator can revoke his/her will at any point of his/her lifetime and hence, if the testator executes a subsequent Will, his previously executed Will automatically stands cancelled. It is of utmost importance to note that a Will can be altered or additions can be made by executing a codicil (Section 62 for making alteration or additions and also to revoke the same by a codicil)[13].

The Will is to be executed only after the Testator’s death.

A will can be rejected if it is obtained with undue influence, coercion or fraud. Section 61 declares a will invalid if obtained in any of the following manner.

The Testator/Testatrix can bequeath property/properties where they have absolute ownership. The ownership can be in immoveable property like a flat, ancestral land, etc. and moveable property in the form of investment made in stocks, mutual funds, holding dematerialized account, money in the saving bank accounts, etc. It is also upon the Testator/Testatrix to bequeath the jewellery or silverware/ utensils as well.

If the testator was a part of a Hindu Undivided Family (HUF), it is of utmost importance that he mentions in the Will, provided it has been dissolved by a Partition Deed.

The Testator can even transfer the property in the form of trust, a religious institution or for any educational purpose, if in case he does not want to bequeath the same to his/her natural heirs or he/she are bereft of any natural heirs. However, a reason for this requires to be mentioned in the Will. Also he needs to state the names of the trustees in the Will.

Registration Of A Will

As per Registration is concerned, under Section 17 of the Registration Act, 1908, a Will is not a registrable document. Section 18(e) of the Registration Act, provides for the registration subsequent to the testator’s wish whether to register the Will. Stamp duty is also not payable.

If the testator decides to register his will, he needs to make an application to the registrar/sub-registrar of assurances (pertaining to the taluka or district), the registration provides evidence that the proper parties had appeared before the registering officer and the latter had attested the same after ascertaining their identity. Once a Will is registered, it is placed in the safe custody of the Registrar and cannot be tampered with, destroyed, mutilated or stolen. However, non-registration of a Will does not lead to any inference against its genuineness. Registration grants protection and secrecy to a Will. It doesn’t have to be executed before a notary public.[14] It can be released only on the production of the Death Certificate of the Testator.

Pros And Cons Of Registering A Will[15]

It is not necessary to register a will. However if the registration of a Will is done the following benefits can arise:

1.    In that event, a copy of the will shall remain with the office of the registry.
2.    In case there is tampering of the original will, it can be compared with the will maintained in the office of the registry.
3.    In the event the original will is destroyed a certified copy can be obtained from the registry office.
4.    If a will is made regarding leasehold property before a probate is obtained it will be convenient to strike out a name or carry out a mutation.
5.    For reason of some illness if the testator is unable to go to the registry office the registrar can come to the residence of the testator and the registration can be done in the residence of the testator.

Be that as it may, there are certain disadvantages of registering a will.

1.    Normally it is very easy to make amendments in a will but once a will is registered it becomes well-nigh impossible to make changes to the will.
2.    A will once registered is amenable to registration each time it is subject to changes.

Although these difficulties do persist, if the testator feels that it is of his best interest to register the will, he can go ahead with it.[16]

Types Of Wills Under The Indian Succession Act, 1925

1. PRIVILEGED WILL: Under Chapter VI, Section 65 of the said act describes a Privileged Will

“65. Privileged wills. -Any soldier being employed in an expedition or engaged in actual warfare, 1*[or an airman so employed or engaged,] or any mariner being at sea, may, if he has completed the  age of eighteen years, dispose of his property by a will made in the manner provided in section 66. Such wills are called privileged wills.”

Section 66 provides the manner in which a Privileged will wherein the Testator can dispose of his property and the execution of the same, in the manner set therein.

A Privileged Will can be revoked by the Execution of unprivileged will. (Section 72 of the said act).

1. CONTIGENT OR CONDITIONAL WILL: Conditional will is one which depends upon the occurrence or non occurrence of some uncertain event. It takes effect or may be defeated on the happening of the condition stipulated. If the happening of an event stated in a will is the reason for making the will, it is unconditional. But if the testator intends to dispose of his/her property in case the event happens, the will is conditional. A conditional will can be an attested will, a holographic will or a nuncupative will. [17]

In Rajeshwar v. Sukhdeo[18] dealt with the operation of the Will wherein it was postponed till the death of the Testator’s wife’s death. However if it is ambiguous whether the testator intended to make a Will conditional, the language of the documents as well as the circumstances are to be taken into consideration.

1.    JOINT WILL: Two or more persons can make a joint Will. If the joint Will is joint and is intended to take effect after the death of both, it will not be admitted to probate during the life time of either and are revocable at any time by either during the joint lives or after the death of the survivor.

A joint will is a single testamentary instrument recording the wishes of two persons. For example, a husband and wife disposing common property. In relation to each signatory’s property, the will become effective on his/or her death. Each party can revoke the will during his/her lifetime. A joint will is merely an administrative convenience. A joint will makes separate distribution of property by each executor and will be treated as such on admission to probate. A joint Will prevents the second person from changing his/her mind after executing the will.[19]

1.    MUTUAL WILL: Mutual wills are wills made by two people, often spouses, in which each gives his/her estate to the other, or agree upon the distribution of their assets. If there is a contract in which each makes the will in the consideration for the other person making the will, the agreed upon dispositions of property are binding and a later change will invalidate the will. Mutual wills may contain an obligation not to revoke a will and thereby breach the agreement which is entered into at the time the mutual wills were made. Where one party has died the other will be obliged not to revoke his or her will subsequently. Where the surviving party attempts to do so a constructive trust will be imposed to remedy the injustice which might arise from breach of the original agreement. The most common situation is where husband and wife to make wills leaving their property to the other, if the other survives, and in default to a beneficiary, but it is not essential that the surviving testator should receive property under the will of the first testator to die. If the spouse dies without having altered or revoked his will he has performed his part of the bargain and this creates an obligation on the part of the surviving spouse to uphold the agreement.[20]

Difference Of A Joint Will And A Mutual Will

A joint will is different from mutual will. Mutual Wills means that there are any two or more wills which are mutually binding. In mutual will, following the first death, the survivor is constrained to dispose of his/her property by the agreement made with the deceased.

1.    HOLOGRAPHIC WILL: A holographic will is one that is entirely written, dated, and signed in the handwriting of the testator (person making the will), rather than typewritten or printed. In some states, holographic wills are not required to be signed by witnesses in order to be valid to pass property. Courts have been lenient in trying to figure out some holographic wills when questions arise, but judges will not rewrite a holographic will to make it valid. A holographic will is probably the most risky do-it-yourself estate plan because of the lack of guidelines involved.[21]
2.     SHAM WILL: Since the intention of the testator is regarded as one of the essential condition of a valid Will, if a document is deliberately executed with all due formalities purporting to be a Will, but if it can be shown that the instrument was executed for some collateral object without any intention of the testator to make it operative, the Will is regarded as a Sham Will. It is considered as invalid in the eye of law.[22]
3.    DUPLICATE WILL: When a testator makes a Will in duplicate, for the sake of safety, one to be kept by him and the other to be deposited in the safe custody with a bank or executor or trustee it is referred to as a Duplicate Will. If the testator destroys or damages the Will that is with him, it is considered a revocation of both Wills.[23]
4.    CONCURRENT WILLS: In the event the testator disposes of some of his properties in one country by one Will and the other properties in another country by a separate will these are regarded as Concurrent Wills. In such cases both the Wills are regarded as valid irrespective of the ‘last Will’ theory.[24]

Revocability

Section 62 states that an unprivileged Will can be revoked or altered.

Will may be revoked or altered. A will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by will.

Alteration To A Will

A will can be altered under Section 62 of the said act.

Will may be revoked or altered. A will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by will.

Section 71 “Effect of obliteration[25], interlineation or alteration in unprivileged will. No obliteration, interlineation or other alteration made in any unprivileged  will after the execution thereof shall have any effect, except so far as the words  or meaning of the will have been  thereby   rendered  illegible or undiscernible,  unless  such alteration has  been  executed  in  like  manner  as  hereinbefore  is required for the execution of the will:

Provided that the will, as so altered, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses is made in the margin or on some other part of the will opposite or near to such alteration, or at the foot or end of or opposite to a memorandum referring to such alteration, and written at the end or some other part of the will.”

Wording Of A Wll

under Chapter VI (Construction of Will, Section 74 of the said Act deals with the wording of a will.

“Section 74. Wording of will. It is not necessary that any technical words or terms of art be used in a will, but only that the wording be such that the intentions of the testator can be known therefrom.”

Construction And Interpretation Of Will

Sections 97, 98, 99, 100 and 101 deals with the construction and interpretation of the words used in a Will.

The general rule which is adopted by the Courts is to go by the manifest intention of the testator. This principle is found in a judgement delivered by the apex court in Nathu v. Debi Singh.[26]

The Will should be construed by a court placing itself on the armchair of the testator. The endeavour of the court should be to give effect to his intention. The intention of the testator can be culled out not only upon reading the will in its entirety, but also the background facts and circumstances of the case. (Shyamal Kanti Guha & Ors. v. Meena Bose) [27]

In Navneet Lal v. Gokul & Ors[28]

“The SC held that the court should consider the surrounding circumstances, the position of the testator, his family relationships, and the probability that he would use words in a particular sense. However it also held that these factors are merely an aid in ascertaining the intention of the testator. The Court cannot speculate what the testator might have intended to write. The Court can only interpret in accordance with the express or implied intention of the testator expressed in the Will. It cannot recreate or make a Will for the testator.”

“8. From the earlier decisions of this Court the following principles, inter alia, are well established:

(1) In construing a document whether in English or in vernacular the fundamental rule is to ascertain the intention from the words used; the surrounding circumstances are to be considered; but that is only for the purpose of finding out the intended meaning of the words which have actually been employed. {Ram Gopal v. Nand Lal [1950 SCR 766]}

(2) In construing the language of the will the court is entitled to put itself into the testator’s armchair [Venkata Narasimha v. Parthasarathy (1913) 41 Ind App 51 at p. 72] and is bound to bear in mind also other matters than merely the words used. It must consider the surrounding circumstances, the position of the testator, his family relationship, the probability that he would use words in a particular sense…. But all this is solely as an aid to arriving at a right construction of the will, and to ascertain the meaning of its language when used by that particular testator in that document. [Venkata Narasimha’s case (supra) and Gnanambal Ammal v. T. Raju Ayyar (1950 SCR 949, 955)]

(3) The true intention of the testator has to be gathered not by attaching importance to isolated expressions but by reading the will as a whole with all its provisions and ignoring none of them as redundant or contradictory [Raj Bajrang Bahadur Singh v. Thakurain Bakhtraj Kuer (1953 SCR 232, 240]

(4) The court must accept, if possible, such construction as would give to every expression some effect rather than that which would render any of the expressions inoperative. The court will look at the circumstances under which the testator makes his will, such as the state of his property, of his family and the like. Where apparently conflicting dispositions can be reconciled by giving full effect to every word used in a document, such a construction should be accepted instead of a construction which would have the effect of cutting down the clear meaning of the words used by the testator. Further, where one of the two reasonable constructions would lead to intestacy that should be discarded in favour of a construction which does not create any such hiatus. [Pearey Lal v. Rameshwar Das (1963 Supp. 2 SCR 834, 839, 842].

(5) It is one of the cardinal principles of construction of wills that to the extent that it is legally possible effect should be given to every disposition contained in the will unless the law prevents effect being given to it. Of course, if there are two repugnant provisions conferring successive interests, if the first interest created is valid the subsequent interest cannot take effect but a Court of construction will proceed to the farthest extent to avoid repugnancy, so that effect could be given as far as possible to every testamentary intention contained in the will. {Ramachandra Shenoy v. Mrs. Hilda Brite [(1964) 2 SCR 722, 735]}

Execution Of A Will

Once the will is drafted and accepted by its Testator, its needs to be executed. The act of execution is witnessed by two witnesses who sign the legal document. It is preferred that a competent person/persons should be made a witness to the signing of the will by the Testator. For example a doctor or an advocate, for the doctor can testify the mental condition and stability of the Testator/Testatrix and the advocate with the legal impediments. It is crucial that the Testator/Testatrix appoints an executor/executrix whom they can trust. It is not a mandate to appoint executors to a Will, but the task of execution gets simplified.

A Testator can appoint two or three executors, but one needs to ensure that the executor is not of the same age or older to the Testator. When I assisted my sir in the drafting of the will, he advised the client who was an 80 year old man to keep his daughter along with his wife as the executors of his will.  

Pertaining to the execution of privileged Will, one finds Section 65 and Section 66 of the said act. .

Section 63 relates to the provision for the execution of an unprivileged will.

“S.63 of the Indian Succession Act deals with the execution of unprivileged wills. It lays down that the testator shall sign or shall affix his mark to the will or it shall be signed by some other person in his presence and by his direction. It further lays that the will shall be attested by two or more witnesses, each of whom has seen the testator signing or affixing his mark to the will or has seen some other person sign the will, in the presence and on the direction of the testator and each of the witnesses shall sign the will in the presence and on the direction of the testator. Section 68 of the Evidence Act mandates examination of one attesting witness in proof of a will, whether registered or not.” Lalitaben Jayantilal Popat v. Pragnaben Jamnadas Kataria & Ors. [2009 (1) Scale 328]”

“When the execution of a will asserted by one party is denied by the other party, then the burden is on the party who relies on the will to prove its execution. But when the execution of the will is not denied then no burden is cast on the party who relies on a will to prove its execution.” Balathandayutham and Another v. Ezilarasan [(2010) 5 SCC 770]

“Since section 63 of the Succession Act requires a will to be attested, it cannot be used as evidence until, as required by section 63 of the Evidence Act, one attesting witness at least has .been called for the purpose of proving its execution, if there be an attesting witness alive     and subject     to the process of the court and capable of giving evidence.

Unlike other documents, the will speaks from the death of the testator and therefore the maker of the will is never available for deposing as to the circumstances in which the will came to be executed.”

Cases in which the execution of the will is surrounded by suspicious circumstances stand on a different footing. A shaky signature, a feeble mind, an unfair and unjust disposition of property, the propounder himself taking a leading part in the making of the will under which he receives a substantial benefit and such other circumstances raise suspicion about the execution of the will. That suspicion cannot be removed by the mere assertion of the propounder that the will bears the signature of the testator or that the testator was in a sound and disposing state of mind and memory at the time when the will was made, or that those like the wife and children of the testator who would normally receive their due share in his estate were disinherited because the testator might have had his own reasons for excluding them. The presence of suspicious circumstances makes the initial onus heavier and therefore, in cases where the circumstances attendant upon the execution of the will excite the suspicion of the court, the propounder must remove all legitimate suspicions before the document can be accepted as the last will of the testator.

Leela Rajagopal & Ors.  Vs.  Kamala Menon Cocharan & Ors.Civil Appeal No. 9282 of 2010, 9286 of 2010, 7004 of 2012, decided on September 8, 2014.

“10. A Will may have certain features and may have been executed in certain circumstances which may appear to be somewhat unnatural. Such unusual features appearing in a Will or the unnatural circumstances surrounding its execution will definitely justify a close scrutiny before the same can be accepted. It is the overall assessment of the Court on the basis of such scrutiny; the cumulative effect of the unusual features and circumstances which would weigh with the Court in the determination required to be made by it. The judicial verdict, in the last resort, will be on the basis of a consideration of all the unusual features and suspicious circumstances put together and not on the impact of any single feature that may be found in a Will or a singular circumstance that may appear from the process leading to its execution or registration. This, is the essence of the repeated pronouncements made by this Court on the subject including the decisions referred to and relied upon before us.”

Role Of An Executor

An executor in India has numerous responsibilities, and these include, but are not limited to:

• Your funeral arrangements and paying for your funeral from your assets;
• Registering your death and informing all concerned;
• Filing probate, proving his identity, and establishing his authenticity;
• Paying your debts;
• Caring for your property until it is sold or given to your beneficiaries;
• Dealing with any legal procedures;
• Locating your beneficiaries;
• Distributing the assets of your estate to your beneficiaries;
• Record keeping of all transactions;
• Submitting receipts to the court; and
• Taking legal and financial responsibility for the administration of your estate.[29]

Given the complexity involved, it’s a good idea to discuss the responsibilities of being an executor before you actually go ahead and appoint someone in your Indian will. It’s an incredibly important job and can also be complicated to handle. You would also want to familiarize your executor with the contents of your will as well as offer instructions on locating and dealing with your assets, and also discuss funeral arrangements.

Normally a spouse or trusted family member would be chosen as an executor.

You should keep in mind over time that circumstances change, and your chosen executor may no longer be able to handle an executor’s duties due to death, illness or other changing circumstances. To deal with this, you should also consider appointing alternate executors (possibly more than one) in your Indian will.

An executor receives compensation for the work they do administering your estate. The amount received is normally based on the size of your estate and its complexity.

If you don’t have someone you feel comfortable with acting as an executor, you can also choose a legal professional or a company that specializes in this. Again, the same considerations about choosing an executor carefully apply.[30]

Obtaining A Probate

To Whom Can A Probate Be Granted?

Under Section 222 of the said act clear specifies that the Probate is granted to the person who has been appointed as the executor of the will.

Section 223 states to whom a provision cannot be granted.

Issue of Probate is contained in Section 213 of the said act.

“The prohibition under section 213 of ISA 1925 is regarding establishing any right under the Will without Probate, and that section cannot be understood as one by which the vesting of a right as per the provisions of the Will is postponed until the obtaining of Probate or LOA.

The Will takes effect on the death of the testator and what S.213 says that is that the right as an Executor or as Legatee can be established in any Court only if Probate or LOA is obtained.

The requirement of obtaining Probate or LOA becomes relevant at the time when the establishment of right as Executor or Legatee is sought to be made on the basis of a Will in a Court of Justice.” [31]

To obtain a probate of a will, one will have to file a probate petition in a court of competent jurisdiction. It takes about 8-10 months to obtain a probate if the petition is not contested by any person. At the time of filing the petition, court fees will have to be paid.

It is to be noted that as per section 222 of the Act, a probate shall only be granted to an executor of a will. Section 226 of the Act specifically provides that on the demise of an executor, representation would survive to the surviving executor or executors as the case may be.

Thus, on reading sections 222 with 226 of the Act it is clear that probate petitions are essentially at the instance of the executors named in the will and can survive till the executors survive. The moment the sole executor or all the executors die, the question of the proceeding being kept alive does not arise at all as there would be no occasion in such a case to grant any probate. Such a proceeding would die a natural death due to non-survival of any executor.[32]

Section 227 says that after the probate of a Will is granted then it becomes effective from the death of the testator and shall render valid all intermediate acts of the executor as such. Therefore, according to Section 227, the moment the probate is granted it will relate back from the date of death of the testator and all property will be vested in the person in whose favour the probate was granted.

Why One Should Make A Will?

The times are changing and it becomes inevitable in such situation to evolve in every aspect. The necessity arises only because money and property brings strain in blood relations. Thus, it has become crucial that one makes a will. I recently got an opportunity to make a last will and testament wherein bad relations developed between the client and his elder son, but despite that, out of love and affection, he decided to give a share in his immoveable property. Thus, the task of distribution of property is made easy once a Will has been formulated.

Conclusion

Thus, it is unavoidable to escape from making a will. Keeping in mind the changing times and plethora of problems which may arise, making a last will and testament has become fundamental in one’s lifetime.

[1] Section 2(h) of Indian Succession Act, 1925.

[2] https://www.livingtrustnetwork.com/estate-planning-center/last-will-and-testament/faqs-about-a-last-will-and-testament.html

[3] 60. Testamentary guardian. -A father, whatever his age may be, may by will appoint a guardian or guardians for his child during minority.

[4] http://timesofindia.indiatimes.com/bombay-times/Whats-the-right-age-to-make-a-will/articleshow/1510772.cms

[5] https://www.bcasonline.org/Referencer2015-16/Other%20Laws/succession_and_wills.html

[7] Black Law’s Dictionary.

[8] Ibid

[9] http://legal-dictionary.thefreedictionary.com/probate

[10] http://www.legalserviceindia.com/articles/will_hindu.htm

[11] Ibid 7.

[12] Ibid 7.

[13] 62. Will may be revoked or altered. -A will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by will. Of the Indian Succession Act, 1925.  

[14] http://www.livemint.com/Money/x7Yh40v1N3m7qToh1uvCkP/It-is-not-necessary-to-register-a-Will-for-it-to-be-valid.html

[15] http://www.legallyindia.com/Wills-Probate/how-to-make-a-will-and-why

[16] Ibid 15

[17] http://definitions.uslegal.com/c/conditional-will/

[18] LAWS(PVC)-1947-3-77

[19] Ibid 13

[20] Ibid 13

[21] Ibid 13

[22] http://lawquestinternational.com/types-wills

[23] Ibid 17

[24] Ibid 17

[25] Meaning of Obliteration (Black Law’s dictionary): Erasure or blotting out of written words. Obliteration is not limited to effacing the letters of a will or scratching thein out or blotting them so completely that they cannot be read. A line drawn through the writing is obliteration, though it may leave it as legible as it was before. See Glass v. Scott, 14 Colo. App. 377, 00 Pac. 180; Evans’ Appeal, 5S Pa. 244; Townshend v. Iloward, SG Me. 285, 29 Atl. 1077; State v. Kuippa, 29 Tex. 29S.

[26] AIR 1966 Punj 226

[27] [(2008) 8 SCC 115]

[28](1976) 1 SCC 630

[29] http://www.wills.in/executor/

[30] Ibid

[31] Cherichi versus Ittianam – AIR 2001 Ker 184.

[32] http://www.livemint.com/Money/9P7tDm1CNFz0LDVdmPEIwK/Its-advisable-to-obtain-probate-if-said-will-is-contested.html