EXECUTION OF UNPRIVILEGED BILLS UNDER INDIAN SUCCESSION ACT

Section 1. Short title. 2. Application of Act. 3. Interpretation. 4. Law applicable to succession. PART II-WILLS Capacity 5. Persons capable of making wills and freedom of testation. 6. Appointment by will or executor. 7. Wills caused by fraud, coercion importunity or mistake. Formalities 8. Form of wills. 9. Oral wills. 10. Proof of oral wills. 11. Written wills. 12. Incorporation of papers by reference. 13. Effect of gift to attesting witness. 14. Witness not disqualified by being executor. 15. Existing wills. 16. Formal validity of other wills. Revocation, Alteration and Revival 17. Will may be revoked or altered. 18. Revocation of will. 19. Revocation of will by testator's marriage. 20. Effect of obliteration, interlineation or alteration in will. 21. Revival of will. Construction 22. Construction of wills. Failure of Dispositions 23. Failure of testamentary dispositions.

Intestacy is of two kinds – total or partial. A man may die partly intestate and partly testate, e.g. where the will contains several bequests to several legatees, but there is no disposition of the residue, he dies intestate as regards the residue. The word intestate is defined in sec 55 of the Administration of Estate Act ‘Intestate includes a person who leaves a will but dies intestate as to some beneficial interest in his real or personal estate.’

L. JARJOU

A will was defined in the case of Lemage v Goodban (1865) 1 P & D 571 P & D 57 as 'the aggregate of a man's testamentary intentions, so far as they are manifested in writing, duly executed according to statute.' The making of wills is governed by the provisions of Section 36 (1) of the Succession Act Cap. 162, which states that every person of sound mind and who is not a minor may by will dispose of his property by will. In Administrator General v Bukirwa and another C.S no. 2018 of 1992, court held that in all administration causes where a will has been executed in suspicious circumstances, the best

JURNAL HUKUM ISLAM

This article was analyzes the principle of Willingness in the Execution of fiduciary guarantees after the decision of the Constitutional Court Number 18/PUU-XVII/2019, in practice Parate execution can be carried out either with or without the consent of the debtor, such conditions often lead to acts of coercion and violence from fiduciary guarantee holders, even giving opportunities to arbitrary acts committed by fiduciary recipients (creditors) and degrading the dignity of the debtor. From the research conducted, it was found that the application of the principle of willingness in the Parate Execution of fiduciary guarantees by the Constitutional Court provides benefits and prevents harm to debtor and creditors, this can be seen from the main idea of ​​the Court which states that parate Executions should no longer be carried out without an agreement of the customer's and the customer's willingness to return the collateral. If the customer does not admit the defaulted, then ...

Remarking An Analisation, 2019

The paper is related to various provisions of dying declaration under indian evidence act 1872

ILSA Journal of International and Comparative Law, 2020

The question of providing due recognition to E-Wills is not a new one. As industries across the world increasingly rely upon technology during the global outbreak of COVID-19, it should come as no surprise that legal professionals have renewed their interest in the present topic. However, at the outset, we must view the present situation with a simultaneous sense of both caution and excitement. If we keep the technological dangers apart (in arguendo), the present situation opens the door for courts to intervene and to bring about a sudden overhaul of the anciin Family and Succession Law regime in commonwealth nations. But on the other hand, numerous hurdles exist-namely with regard to the recording and testing of the genuineness of an E-Will, for example. The question of the validity of an E-Will in probate cases under the Succession Acts of various common law countries is also an interesting one. This article seeks to move a step ahead from Ghatak by analyzing how two years on from her 2017 publication, the COVID-19 crisis has, in all probability, made major common law jurisdictions (with afocus on India, the most populous and judicially overburdened of them all) move into the uncharted territory of recognizing E-Wills as a necessity. Further, this article addresses how the courts can retain their active role and thus obviate the needfor a legislative process (presumably, a hushed ordinance) in order to formalize the inclusion of digital methodology.