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Thursday, November 14, 2024

Protect Your Assets with a Valid Will: Indian Succession Act 1925

Bengaluru, Feb 13: Once upon a time, in a small village in India, lived a wealthy man named Rajesh. He was a successful businessman and lived a luxurious life, but he was concerned about his wealth after his death. He had two sons, Rohit and Raju, and he wanted to ensure that his wealth would be distributed equally between them after his death. Rajesh approached a lawyer to draft his will, in accordance with the Indian law.

The lawyer explained to him the provisions of the Indian Succession Act, 1925, which governs the distribution of a person’s property after their death. The lawyer also explained the importance of making a will and the legal formalities that must be followed while making a will in India. Rajesh decided to divide his property equally between his two sons, Rohit and Raju. He also included a clause in his will, stating that if either of his sons predeceased him, their share would go to the surviving son. He also appointed a trusted friend as the executor of his will to ensure that his wishes were carried out after his death.

After the will was drafted, Rajesh signed it in the presence of two witnesses, as required by the Indian law. The will was then registered with the concerned authorities, and a copy was given to each of his sons and the executor. Years passed, and Rajesh passed away peacefully in his sleep.

His sons and the executor gathered to read his will, and to their surprise, they found that Rajesh had added a clause, stating that the executor would have the power to distribute the property according to his discretion, in case either of his sons was found to be involved in any illegal activity. Rohit and Raju were shocked by this clause, as they had no idea that their father had added this provision.

They immediately approached a court, challenging the validity of the clause, but the court ruled in favor of the will, stating that it was a valid provision and could be enforced. The executor, using his discretion, divided the property in a manner that was fair to both the sons, taking into account their individual circumstances and financial needs. Rohit and Raju were satisfied with the distribution and continued to live their lives, grateful for their father’s foresight and wisdom in making his will. In conclusion, making a will in India is a crucial step in ensuring that one’s wealth is distributed according to their wishes after their death. It is essential to follow the legal formalities and appoint a trustworthy executor to ensure that the provisions of the will are carried out effectively.

The story of Rajesh serves as a reminder of the importance of making a will and the peace of mind it brings to individuals and their families

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