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What is a Will and the Scope of Will

advtanmoy 18/07/2018

A will is the testament of the testator. It is a posthumous disposition of the estate of the testator directing the distribution of his estate upon his death. It is not a transfer inter vivo. The two essential characteristics of a will are that it is intended to come into effect only after the death of the testator and is revocable at any time during the lifetime of the testator. It is said that so long as the testator is alive, a will is not be worth the paper on which it is written, as the testator can at any time revoke it. If the testator, who is not married, marries after making the will, by operation of law, the will stands revoked. (see Sections 69 and 70 of the Indian Succession Act, 1925). Registration of a will does not make it any more effective.

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SA/GPA/WILL transaction does not convey any title nor create any interest in an immovable property

Wed Jul 18 , 2018
In Suraj Lamp and Industries Pvt. Ltd. Versus State of Haryana and Another[(2011) 11 SCALE 438] , the Supreme Court held :- Any CONTRACT of sale (agreement to sell) which is not a registered deed of conveyance (deed of sale) would fall short of the requirements of Sections 54 and 55 of Transfer of Property Act and will not confer any title nor transfer […]

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