A testator can change Will

A testator can change his Will, at any time, in any manner he deems fit. Every person of sound mind, and not a minor, can make a Will. If a person is of unsound mind at the time of making a Will, the Will is not enforceable. 

A Will, obtained by force, coercion or undue influence , is a void Will as it takes away the free agency of the person. A Will, made under influence of intoxication or in such a state of body or mind, sufficient to take away free agency of the testator, is void. 

A Will can be made at any time in the life of a person. There is no restriction on how many times a Will can be made by a testator. However, only the last Will made before his death is enforceable. A Will has to be executed by the testator, by signing or affixing his thumb impression on it. It should be attested by two or more witnesses, each of whom should have seen the testator signing the Will.

Article by Advocate K.P.Satish Kumar M.L., leading Civil lawyer in Chennai

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How to take the death person money from the Bank

If the bank account of the deceased has no nominee mentioned then according to Reserve Bank circular dated 12 July 2005, if the money is less than the threshold limit decided by different banks (which is normally around Rs.1 lakh) then banks are advised to desist from insisting on production of succession certificate, letter of administration, etc. Here the legal heirs i.e. all the four successors, have to sign a letter of indemnity which states that the bank is not liable any more. The heirs, i.e. you, will be receiving payments from bank as trustee of legal heir from the deceased person. If any legal problem surfaces regarding the ownership of the bank money, then the complainant will deal directly with you and not with the bank.

If the money in the bank is more than the threshold limit decided by your bank, then succession certificate is mandatory. For inheriting the money of the deceased, all the legal heirs should also write and sign a Joint application for the same.

If the decease…

What to do immediately to claim the property of death person

Right after death, get the death certificates from the municipality, which will be shown when inheriting money from bank accounts, closing the deceased bank accounts, etc. Family members are required to register the births and deaths within the prescribed period of 21 (twenty one) days from the date of death to the registrar.
The registrar is:
In Rural areas,

Registrar (rural) – Village accountant
In Urban areas the following are the registrars

In case of City corporations: Health officer.
In case of City Municipal councils: Health officer/Health inspector.
In case of Town municipal councils: Health inspector.
In case of Notified areas/Project areas/Cantonment – Health inspector.

As there is no will, the legal heirs will have to get a succession certificate for inheriting the property. You should file an application in the civil court of the district where the property is of the deceased or where he normally he lived in. A notice will then be given by the court to you – the legal heirs; and an…

How to do partition of your father's property

Inheritance in India is governed by two process – 1. By Will 2. Personal laws

Inheritance under a Will

A will or testament is a legal declaration expressing the wishes of a person, containing the names of one or more persons who are to manage his estate and provide for the transfer of his property at death.
If a father (testator) leaves behind a Will, the property will be distributed among the brothers according to it. An executor is appointed by the testator, as distinguished from an administrator who is appointed by the court.

Inheritance according to personal law

Inheritance in India and the manner in which property of a deceased person is to be distributed is determined by the law of Succession, in the event where there is no will or equivalent document declaring the deceased person’s intent.

Under Hindu law

Section 8 and 9 of the Hindu Succession Act, 1956 governs the distribution of the property after the death of the Hindu male. The property of a Hindu dying intestate devolves upon hi…

How to get money from the savings account of a death person

When opening bank accounts, most of the banks try to coerce you into making a nomination in the new bank account that you open.
At times you may want to create a nomination or choose to ignore the same. However, if you do make a nomination it would be extremely helpful to your family members. Many banks try to remind elderly customers if there is no nomination in the savings account or a fixed deposit.
Many elderly individuals who have opened account at a very early stage may not have made a nomination. While ideally you must, here are is what could happen in case the person meets with death and there is no nomination in the savings account. A few method in which money can be claimed from the savings account of a dead person.
In case of joint account with either or survivor
In case the savings bank account has been with another joint account holder, then the balance in the account would be passed onto the survivor.
A copy of the application, along with a photocopy of the death certificate …

What to do to Probate a will in INDIA

When it comes to administering a decedent's estate, the process commonly referred to as "probate”—many people fear it is daunting and complicated, but it can actually be as simple as four steps.

What is the Probate Process?

Probate refers to the process whereby certain of decedent's debts may be settled and legal title to the decedent's property held in the decedent's name alone and not otherwise distributed by law is transferred to heirs and beneficiaries. If a decedent had a will, and the decedent had property subject to probate, the probate process begins when the executor, who is nominated by the decedent in the last will, presents the will for probate in a courthouse in the county where the decedent lived, or owned property. If there is no will, someone must ask the court to appoint him or her as administrator of the decedent's estate. Often, this is the spouse or an adult child of the decedent. Once appointed by the court, the executor or administrator bec…

Things Necessary for obtaining Succession Certificate in India

In case of death of a person without leaving a will, court may grant succession certificate in order to realise securities or debts of the deceased. A civil court issues succession certificate to the legal heirs of a deceased person.

It is required to establish the authenticity of the heirs. Also to authorize them to get assets or securities transferred in their names. Not to forget that assets comes with liabilities as such it also enables inheritance of debts. This is issued on the application from the beneficiary, to court as per laws of inheritance. It is necessary, though may not be always sufficient, to release or transfer the assets. For these letter of administration, no-objection certificates and death certificate is also required.

Application: As discussed earlier also, a petition is required to be filed with the competent jurisdiction where the assets are located.

Details: The application requires details like
– name of petitioner
– relationship with deceased
– names of all heirs…