Will-indian chrstian
Balakumar.S
(Querist) 28 July 2013
This query is : Resolved
Whether Indian Chrstian can execute a Will in favour of his/her dear/near? and whether Civil suit can be initiated to declare the right under the said Will?
prabhakar singh
(Expert) 28 July 2013
The Indian succession Act in general applies to all barring muslims or those exempted by any state notification.
If testator appoints an executor in the will Probate can be obtained to prove will genuine for ever against all.
otherwise beneficiaries can apply for Letter of Administration for same very purpose.
Once any of the foregoing two is granted will stands proved for ever and no subsequent proof would be required in future litigations as a judgement of probate or LoA is treated to be judgement in rem and binds the entire world.
Balakumar.S
(Querist) 28 July 2013
Thaks for your valuable suggestion.
R.K Nanda
(Expert) 28 July 2013
no more to add.
Raj Kumar Makkad
(Expert) 29 July 2013
A Christian can definitely make his will as per Indian Suceession Act like a Hindu.
Balakumar.S
(Querist) 29 July 2013
Thanks for providing valuable suggestion to the experts.
Rajendra K Goyal
(Expert) 29 July 2013
Whether Indian Chrstian can execute a Will in favour of his/her dear/near?
Ans: Yes.
and whether Civil suit can be initiated to declare the right under the said Will?
Ans: Yes
Balakumar.S
(Querist) 30 July 2013
thanks Mr.Rajendra K Goyal for giving your opinion.