Don’t Forget Section 63 of the Indian Succession Act When Making Your Will!
Creating a will is one of the best ways to ensure your assets are distributed according to your wishes after you are gone. It is not just about dividing property; it is about protecting your legacy and making sure your loved ones are taken care of.
In India, wills are governed by the Indian Succession Act, 1925. A key part of this law is Section 63, which explains the legal rules for making a will valid. Whether you are preparing a will for the first time or updating an existing one, understanding this section is important to ensure your will is legally strong.
What is Section 63 of the Indian Succession Act?
Section 63 outlines the requirements for an unprivileged will, which is the most common type of will made by civilians. This section ensures that the will is legally valid and cannot be easily challenged.
Key Rules Under Section 63:
To make a will legally valid, the following conditions must be met:
The Testator Must Sign the Will:
- The person making the will (testator) must sign it themselves or ask someone to sign it on their behalf in their presence.
- The signature should clearly show that the document is meant to be their will. It is best to sign at the end of the document to confirm approval of all its contents.
The Will Must Have Two Witnesses:
- At least two people must witness the testator signing the will.
- If the testator has asked someone else to sign on their behalf, the witnesses must see this happening or receive confirmation from the testator.
- Witnesses confirm that the testator signed the will willingly and was of sound mind.
Witnesses Must Sign the Will:
- Each witness must sign the will in the presence of the testator.
- They do not have to sign in each other’s presence, but their signatures help prove the authenticity of the will.
Why Are These Rules Important?
These requirements help ensure that the will truly reflects the testator’s wishes and protects it from being challenged in court. The rules serve three main purposes:
- Prevents Fraud & Coercion: The testator’s signature ensures that they are making the will voluntarily. Witnesses act as proof that the will was not created under pressure or fraud.
- Legal Validity: If a will is ever disputed, the court will check if it follows Section 63. A properly executed will is more likely to be accepted.
- Clear Intentions: A well-prepared will prevents confusion and ensures there is no doubt about its authenticity.
Practical Tips for Creating a Will:
To make sure your will follows Section 63 and is legally valid, keep these points in mind:
- Choose Honest Witnesses: Select trustworthy people who can confirm your will is genuine. Avoid choosing beneficiaries as witnesses to prevent conflicts of interest.
- Follow the Correct Signing Order: First, the testator should sign the will in front of the witnesses. Then, the witnesses should sign in the testator’s presence.
- Ensure the Signature Is Clear: Your signature should be placed in a way that confirms approval of the entire will.
- Store the Will Safely: Keep the will in a secure location and inform your family or executor where to find it.
Conclusion:
Section 63 of the Indian Succession Act, 1925, provides essential rules to ensure that wills are legally valid and reflect the true wishes of the testator. By following these guidelines, you can create a will that protects your legacy and provides clarity for your loved ones.
Disclaimer: This article is for educational purposes only and does not offer legal advice or product recommendations.
