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Nagesh (private empolyment)     26 May 2025

Testamentary succession

 

Dear Learned counsels, 

I a person writes to whom his self acquired properties are to be given after his death, in a death note and committs suicide, does that death not constitute a legal doucment ?   Can the person named in the death note,  claim the rights of the deceased person properties  as in the case of  a Testementary succession ?

thank you

Nagesh

 



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     26 May 2025

No, a "death note" is generally not considered a legally binding Will for the purpose of estate succession. 

While a death note can be helpful for providing information and instructions to loved ones, it's an informal document and doesn't have the same legal weight as a formal Will.

A Will is a formal legal document that outlines how a person's assets will be distributed upon their death. 

It must follow specific legal requirements, such as being in writing, signed by the testator (the person making the Will), and witnessed by designated individuals. 

A death note is primarily intended to help loved ones manage the deceased person's affairs after death. 

It may include information such as financial accounts, passwords, contact information for legal and medical professionals, and instructions for handling specific assets. 

1 Like

R.K Nanda (Advocate)     26 May 2025

State real facts, if any,  other wise it's a hypothetical question. 

Dr. J C Vashista (Advocate )     27 May 2025

What is your dispute / problem / issue ?

Prima facie it is a hypothetical question / moot court topic.

Nagesh (private empolyment)     27 May 2025

Thank you Sir for your valuable inputs.

 

MPS RAMANI   27 May 2025

A Will should have two witnesses who have to state the will was signed by the testator in their presence. If a suicide note is signed by witnesses they can be charged as abetters to suicide.


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