“The Last Testament – Will”: An Analysis of its Constitution in India and France

  • Dr. J. James Jayapaul
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  • Dr. J. James Jayapaul

    Principal (FAC)/ Associate Professor at Government Law College, Ramanathapuram, India

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The Purpose of executing the will is to transfer the property by a owner to the heir the owner wishes. Though the objective is good , it creates litigation if any heir is omitted from the beneficiary list. The significance of composing a substantial will can't be subverted. The presence of a won't just makes domain arranging productive and powerful yet additionally empowers the relatives of the departed to keep away from superfluous family fights and case. In addition, it assists with getting the interests of legitimate successors to the departed from any family members or petitioners who might emerge post the passing of the departed to guarantee their portion.This being so , the will is governed by many procedures according to the law of the land. Starting from the capacity of testator till the ultimate beneficiary, the will is subjected to many processes. Composing a will as an instrument empowers the main beneficiaries and over comers of the departed to acquire the property in the manner the departed needed. Wills in India help complex family structures by gifting of the property genially without questions and the requirement for suit. A peculiar system of execution of wills is in force in India and in France. Since India is a country of different religions and separate personal laws is in existence for people, each religion has its own mode of formulating a will. In France also similar distinction arose depending on the legal heirs. So I have discussed in this article about the various requirements for execution of a will in India and France to have an broader outlook.




International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 3232 - 3236

DOI: https://doij.org/10.10000/IJLMH.117765

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