Indian Succession Act, Probate and Administration
Scope
The Indian Succession Act, Probate and Administration section tests wills, intestate succession, executors, administrators, probate, letters of administration and succession certificates. The focus is on the legal requirements of a will and the procedure for establishing it.
Core rules
- A will is a declaration of intention, revocable during the testator's lifetime, and takes effect on death.
- Section 63: the testator must sign, and the will must be attested by two or more witnesses, each of whom saw the testator sign or received personal acknowledgment.
- A codicil alters a will; a later will revokes an earlier one.
- Probate is a court's certification of a will and the executor's authority; letters of administration are granted where there is no executor.
- The propounder must prove due execution, sound disposing mind and absence of undue influence; suspicious circumstances require explanation.
- Succession certificates are issued for debts and securities, not for immovable property.
Worked example
A executes a will leaving his house to his daughter, signing in the presence of two attesting witnesses. After his death, the son alleges forgery. The daughter, as propounder, proves the signature and attestation. If the will is surrounded by suspicious circumstances-such as the testator's serious illness and the daughter's active role in drafting-the court may require further proof.
Traps
Registration of a will is optional; non-registration does not invalidate it. A will does not transfer property during the testator's life. Probate is not a title suit, and a succession certificate does not establish title to land.