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The WillSilence has a default, and it may not be yours

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The Paperwork0138

The Will

Silence has a default, and it may not be yours

The document deciding who gets what, once you cannot say so yourself.

III · The Machinery35 / 53

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0138 · The Primer35 / 53

Die without a will and the law divides your property by a fixed formula that ignores what you wanted. A will overrides that formula. In India it needs no stamp paper and no lawyer: it must be in writing, signed, and attested by two witnesses who gain nothing under it. Registration is optional, not required.

  • The two witnesses must not be beneficiaries. A witness who also inherits can invalidate their own share of the estate.
  • The formula that applies without a will depends on the personal law governing the family, and it differs between communities. Nobody should assume they know it.
SourceIndian Succession Act, 1925
Hindu Succession Act, 1956

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