• Will in what language

My father made a Will for property in foreign country in English language. Probate court in foreign country want to know under what law a Will made in India in English is valid and admissible in court.
Asked 1 year ago in Family Law from United States
Religion: Hindu

Under indian succession act will can be made in any language just it must clearly specify the intention of testator and property to be transferred. In india there is no bar on making will in hindi english or other regional language.

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

There is no specific section for language of will in India successions act it simple specifies that it should clearly mention the intention and details rights.

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

Will” means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.

Above is the definition of will in India explained in Hindu Succession act. Legal declaration can be in English, Hindi, Urdu, French etc. If a court in India doesn’t understand the language then asks for a translated copy in English or Hindi under the stamp of a certified translator for vernacular languages.

Section 5 clause 2 sub clause (ii) and section 228 of Hindu Succession act deals with willls related to foreign property or will made in foreign countries.

Your question is a bit confusing, hope I tried to answer what you actually questioned

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

hello,

There is no prescribed form of a Will. In order for it to be effective, it needs to be properly signed and attested. The Will must be initialled by the testator at the end of every page and next to any correction and alteration.

The language of a Will: A Will can be written in any language and no technical words need to be used in a Will, however, the words used should be clear and unambiguous so that the intention of the testator is reflected in his Will.

regards

Rahul Mishra
Advocate, Lucknow
4774 Answers
11 Consultations

5.0 on 5.0

Hi, under the Indian sucession act the WILL can be probated in favour of the legal nominee

Hemant Chaudhary
Advocate, Gurgaon
4285 Answers
31 Consultations

4.9 on 5.0

section 63 of indian succession act provides how will is to be executed . a Will has to attested by at least two witnesses who should see the testator putting their signatures on the Will in their presence and the testator to see attestation of the Will by the two witnesses named therein.

2) there is no specific section that will has to be only in english language

Ajay Sethi
Advocate, Mumbai
68149 Answers
4114 Consultations

5.0 on 5.0

there is no specific section that will has to be executed only in english language

Ajay Sethi
Advocate, Mumbai
68149 Answers
4114 Consultations

5.0 on 5.0

1. As per Indian Sucession Act no language has been prescribed to make the Will valid SO English and any vernacular language can be used to make a valid Will.

2. if there is problem probating the Will in UK then get it done in India only.

3. I am sure courts in UK knows tat official language in India is English only in most courts.

Devajyoti Barman
Advocate, Kolkata
17972 Answers
258 Consultations

5.0 on 5.0

1. Succession Act is silent on the language of the will. It can be in the regional language or English. In most states if the will is drafted in English then sub-registrar's office will demand a translation of it into the regional language to register it.

2. A will drafted in English is surely admissible as evidence in the court.

Ashish Davessar
Advocate, Jaipur
26517 Answers
792 Consultations

5.0 on 5.0

1) In Indian laws are written in English so if yoy check the constitution is written in English. An Indian Succession Act is also written in english.

Ganesh Kadam
Advocate, Pune
7988 Answers
68 Consultations

4.9 on 5.0

The answer depends that exactly where the property situates in India. Law is different for different locations.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

Dear,

It is not clearly mentioned in INDIAN SUCCESSION ACT that in which language will is made

but under section 276,277 of act shows that use of other languages other than English need

translated,so will in English language is valid and admissible in court.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

This is my response to you:

1. Since you are a Hindu, the Hindu Succession Act will apply;

2. Also, if you chose to be neutral then Indian Succession Act will apply;

3. As per section 3 of the Official Languages Act, 1963 English language shall be used for all communications;

4. You can find the act here on the official government website: http://rajbhasha.nic.in/en/official-languages-act-1963

Gowaal Padavi
Advocate, Mumbai
1826 Answers
2 Consultations

5.0 on 5.0

Yes...in english ,will is admissible in indian courts. For any other assistance , contact me at nine zero one three one five eight seven nine eight.

Shitanshu Kumar Gaur
Advocate, New Delhi
44 Answers

Not rated

There is no section in which language of the will has been provided

Anilesh Tewari
Advocate, New Delhi
17201 Answers
265 Consultations

5.0 on 5.0

Dear Client,

No specific language is given, WILL can be executed in any language known to testator. English in common in Indian, and if WILL executed other than English and Hindi and petition to grant probate file in court - translated copy of WILL attach with original WILL.

Sec 277 Indian Succession Act.

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

Yes it is admissible in English as well as I Hindi also depending upon the language of the party concerned.

If it is in Hindi then court may asked to translate the same in English as courts of India work in English language.

Sanjay Baniwal
Advocate, South Delhi
4923 Answers
11 Consultations

5.0 on 5.0

Will can be made in any vernacular language and there is no bar making a will in any specified language. For a will to be valid it needs to be signed in presence of two witnesses who should also sign the will.

Siddharth Jain
Advocate, New Delhi
4887 Answers
54 Consultations

5.0 on 5.0

under what section of Indian Sucession Act a Will in English language is valid and admissible in court?

A. There is no section under the Indian succession act which specifically States that will can be made in English but you should refer Official Languages Act, 1963 which provides the same.

Siddharth Jain
Advocate, New Delhi
4887 Answers
54 Consultations

5.0 on 5.0

Will made in any Indian languages including English is valid as per Indian laws.

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

There is no question of of any section or act in so far as the language by which the Will is to prepared.

The question of succession comes under the respective law and not the language of will.

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

1. Will executed in any language is valid in India.

2. If the will is in any language other than English or the language of the State where the probate application has been filed (other than the High Court) then the translated copy of it duly translated by the Court approved translator shall have to be submitted before the probate court in India.

Krishna Kishore Ganguly
Advocate, Kolkata
22690 Answers
606 Consultations

5.0 on 5.0

1. The language of proceeding in High Court is in English.

2. The language of proceeding in the lower Courts is either English and the language of the concerned State ( in lower courts of some states even do not allow any language other than the language of the said State).

3. Where ever necessary, the translated copy of the will shall have to be submitted as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
22690 Answers
606 Consultations

5.0 on 5.0

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