How to transfer immovable property through Wills
Transferring immovable property through Wills represents a strategic approach to estate planning and asset management. Will is one of the most popular instrument for transferring of properties in India. It is a legal binding document wherein an individual i.e a testator declares his/her intention with respect to ownership and transferability of assets and wealth upon his/her demise. Unlike any other document, a Will comes into effect only upon the death of the testator.
The Indian Succession Act, 1925 (‘the Act’) is a significant piece of legislation that governs matters related to Wills in India. Section 2(h) of the Act defines Wills as ‘the legal declaration of the intention of the testator with respect to his property, which he desires to be carried into effect after his death.’
A Will may be in any form, but to be effective it must be properly signed and attested as required by the Act. It is not necessary that it should be of a testamentary form in order to operate as a Will, but there must, in all cases, be the animus anintus testandi, i.e the intention that the writing should operate as a will. An affidavit of the father given to the bank that his son was the only heir to his property and that his daughter does not have any right in the property was held not to be treated as a Will, especially when the document did not have the characteristics of a clear intention of disposition to the exclusion of his daughter and the same also not having been attested by two persons, as required by law.
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A will may be written in any language and no technical words are necessary. Only the wordings shall be such that the
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