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Vijay Shankar   06 July 2021

Affidavit for considering property as per intention in will

Can an Affidavit be filed to consider a property which was not in existence when a will was registered, to be dwelled according to intentions of the will testator ? Anybody can help if it is a procedure to settle a property not mentioned in the will ?


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 1 Replies

Anusha Singh   10 October 2021

As per your query it is understood that you need information about the amendments which are to be made in the existing will.

We assume that you are a Hindu. The rules for Wills for Hindu testators are governed by the Indian Succession Act, 1925, under which a Will may be amended easily. The same can be done by way of a codicil, which is an amendment to a Will. When you create a codicil, you keep your existing Will, and by way of a separate document, add, change, amend, replace, delete (as the case may be) the relevant portions of the existing Will. The codicil is to be read as part of the Will and is considered its extension.

Both the Will and codicil should be stored and kept together. A codicil becomes legally valid once signed by the testator, in the presence of two witnesses.

But nothing stops you from revoking or destroying your old Will, and making a new one. You can sign a new Will, and add a clause revoking all former Wills and codicils.

If you have many changes to your existing Will, instead of making a number of complicated amendments, it may be simpler to sign a new Will. But when making a new Will, don’t forget to revoke the previous Wills and codicils using specific language. Remember to destroy the older Will physically as well.

Hope it helps!

 

Regards,

Anusha Singh


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