Saturday, September 9, 2023

Testamentary: Law concerning Will of Hindu Muslim Christian Parsi

 The Will, along with the applicable provisions from the respective succession laws and the applicable evidence sections or subsections in support of each point of view:


**Hindu Will**

* **Section 67 of the Evidence Act** - This section states that a will is admissible as evidence of the testator's intention with regard to the disposal of his property after his death.

* **Section 68 of the Evidence Act** - This section states that the attestation of a will by two or more witnesses is essential to its validity.

* **Section 45 of the Evidence Act** - This section states that the burden of proving the execution of a will rests on the person who produces it to be proved.

* **Section 47 of the Evidence Act** - This section states that the court may presume the genuineness of a document if it is produced from proper custody.

* **Section 59 of the Indian Succession Act** - This section states that a Hindu will must be executed in writing and signed by the testator in the presence of two or more witnesses.

* **Section 63 of the Indian Succession Act** - This section sets out the specific requirements for the attestation of a Hindu will.


**Muslim Will**

* **Section 17 of the Muslim Personal Law (Shariat) Application Act, 1937** - This section states that the provisions of the Indian Succession Act, 1925, shall apply to Muslims in matters of succession, except where they are repugnant to the Muslim Personal Law.

* **Section 122 of the Indian Succession Act** - This section states that a will made by a Muslim must be executed in writing and signed by the testator in the presence of two or more witnesses.

* **Section 123 of the Indian Succession Act** - This section sets out the specific requirements for the attestation of a Muslim will.


**Christian Will**

* **Section 213 of the Indian Succession Act** - This section states that a will made by a Christian must be executed in writing and signed by the testator in the presence of two or more witnesses.

* **Section 214 of the Indian Succession Act** - This section sets out the specific requirements for the attestation of a Christian will.


**Parsi Will**

* **Section 4 of the Parsi Intestate Succession Act, 1939** - This section states that a will made by a Parsi must be executed in writing and signed by the testator in the presence of two or more witnesses.

* **Section 5 of the Parsi Intestate Succession Act, 1939** - This section sets out the specific requirements for the attestation of a Parsi will.


In addition to the above provisions, the following evidence sections may also be relevant to the validity of a will:

* **Section 73 of the Evidence Act** - This section deals with the comparison of signatures.

* **Section 75 of the Evidence Act** - This section deals with the presumption of genuineness of documents.

* **Section 114 of the Evidence Act** - This section deals with the burden of proof.