A christian woman executed a will is it validy or not
SATYANARAYANA K
(Querist) 23 February 2010
This query is : Resolved
"A" christian woman executed a will in favour of her sister i.e "B", "A" worked in Govt Department, after "A" death, "B" claimed her benefits from the Govt Department, Govt Department rejected on the ground of christian cannot executed a will
My query is (1) can christian execute a will, is it valid or not as per our Indian laws, (2) if valid on what ground and section, (3) if not valid on what ground and section please suggest sir, i am waiting for your valuable replies sir.
James Arun
(Expert) 24 February 2010
Indian Succession Act authorizes an Indian Christian to execute a Will. You can get the Will Probated by proving the Will in the High Court, which will have validity all over India, including the Government Department "A" worked at. Assuming the Will is proper, and an Executor has been named in the said Will, the said Executor can apply for Probate u/s 222, 273, 276 and 300 of the Indian Succession Act, 1925.
Raj Kumar Makkad
(Expert) 25 February 2010
There is no law imposing such ban on Christians in India and it is purely valid in the given case. Get the will probated from local civil court instead of High Court and approach the department thereafter. Department suo-motto cannot decide the validity of such will.
