Wills and Inheritance: Questions and Answers

Question 1

Is a Will valid if it is not registered?

Accepted Answer

Yes. Registration is not compulsory. A Will is valid if it is made by a person of sound mind, freely, signed by the maker and attested by two witnesses. It must still be proved in court, usually by examining an attesting witness.

Question 2

Is probate compulsory in Chennai?

Accepted Answer

For a Hindu Will made within the local limits of the Madras High Court's original jurisdiction, which includes the city of Chennai, or one relating to immovable property there, probate is needed before the executor or legatee can establish rights in court. Elsewhere it is generally not compulsory, though many families obtain it.

Question 3

What happens to property if someone dies without a Will?

Accepted Answer

It passes under the law of intestate succession. For Hindus, a man's property goes to his Class I heirs, which include his widow, sons and daughters, in equal shares.

Question 4

What is the difference between a legal heir certificate and a succession certificate?

Accepted Answer

A legal heir certificate identifies the family members who are the legal heirs and is used for matters such as pensions and service benefits. A succession certificate, issued by a civil court, gives authority to collect the deceased person's debts and securities, such as bank deposits.

Question 5

Can parents cancel a gift deed they made to a child?

Accepted Answer

Not at will. A registered gift is generally irrevocable unless the deed allows revocation or it was obtained by fraud, coercion or undue influence. A senior citizen can, however, ask the Maintenance Tribunal to cancel a transfer under Section 23 of the Senior Citizens Act if the child fails to provide basic needs as the transfer required.

Question 6

On what grounds can a Will be challenged?

Accepted Answer

Lack of mental capacity, forgery, fraud or undue influence, improper execution or attestation, a later Will, or suspicious circumstances that the person relying on the Will cannot explain. The challenge is made by opposing probate or by a suit for a declaration, within the limitation period.