Yes, under Indian law, a testator can exclude legitimate heirs unless there are statutory limitations or dependency claims. However, the exclusion must be clear in order to avoid disagreements and future legal difficulties.
Archives: FAQs
Can a will be contested by a legal heir?
Yes, a legal successor or any interested beneficiary may challenge a will on the basis of lack of testamentary capacity, fraud, undue influence, coercion, or inadequate execution. Such rights are protected by the Indian Succession Act.
Who can be a testator?
A legal will can be created by any person of sound mind who is of legal age (18 or older). The testator has to sign the will voluntarily, without pressure, undue influence, or coercion.
Is registration mandatory for Will in India?
No, the registration of a will is not obligatory under Indian law. A registered will, on the other hand, has more evidentiary value and greatly minimizes the possibility of legal challenges.
When does a Will become legally operational?
A will takes effect only once the testator dies. Until then, the testator retains complete control over the property and can change or revoke the will at any time, as long as they are competent to do so.
What are the statutes governing Property transfer after death with Wills in India?
The Indian Succession Act of 1925 is the primal legislation concerning the property transfer through a will. This law provides a legal definition of a will along with its basic elements, describing the process of testamentary succession for quite a number of communities in India, save for a few due to their personal laws.
Do Indian courts allow NRIs to give evidence online?
Yes, many courts now permit video conferencing for NRI litigants.
Can I sell my property if there’s a dispute pending?
Generally, no, unless permitted by court or unless settled. Legal advice is essential.
Can someone maintain their existing savings account after becoming an NRI?
No, per FEMA regulations, one must convert their account to an NRO account within a reasonable time after becoming an NRI.