Articles

The Indian law used to say that Mandatory probate was necessary Now the government is thinking of changing this rule with the new Repealing and Amending Bill, 2025. For a time the Indian Succession Act, 1925 had a rule that said someone who gets something from a Will or the person in charge of the […]

Introduction Indian urban housing, especially in metropolitan areas, is dominated by co-operative housing societies and apartment ownership structures. These systems require flat owners to nominate an individual who will be recognised by the society upon the owner’s death. However, the legal effect of such nomination is frequently misunderstood. When it comes to property ownership and

Introduction The matter of a last will and testament occupies a special and significant place in the law because it gives people the freedom to decide how their belongings will be distributed after they pass away. The Supreme Court, in its competence, has carefully detailed a series of rules intended to ensure the legitimacy and

Introduction The doctrine of donatio mortis causa (DMC) occupies a unique space in succession law, positioned halfway between a gift and a testamentary bequest. Rooted in Roman law and preserved in English and Indian jurisprudence, it reflects a human anxiety surrounding death and an urgent need to secure one’s affairs. Simply put, a donatio mortis causa is a gift

Introduction In the construction of legal documents, such as wills and testaments, precision of language is paramount. However, ambiguous or vague terms are common in wills and testaments, which are frequently written by laypeople or without thorough legal review. In such cases, courts rely on an interpretative tool known as the doctrine of ejusdem generis, a

Introduction The doctrine of persona designata translates to “a person considered as an individual rather than as a member of a class”, according to Black’s Law dictionary. In the law of wills, the intention of the testator remains paramount while deciding the interpretation of the said testator’s will. However, when the will’s wording creates certain doubts and

Introduction Acceleration means reducing the time gap between the present and when a certain event is supposed to happen. This doctrine, which pertains to wills and successions inasmuch as it applies to the transfer of property, lays down that when a prior interest fails or ends abruptly and does not violate any provisions of the

Introduction Wills form a foundational element of the Indian legal system, serving as a formal means through which individuals can direct the distribution and management of their estate after death. Defined under Section 2(h) of the Indian Succession Act, 1925, a will is a legal declaration made voluntarily by a person (the testator) during their