Law of Wills (2 Volume Set)

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Description
Mantha Ramamurti's Commentary on "Law of Wills made its first appearance back in 1948 and since then has held the field for more than 7 decades as a renowned, comprehensive, critical, analytical and one of the first and frequently quoted complete treatise on the subject. As a result of widely accepted readership, this famous publication has run into successive editions with several reprints and updated editions at brief intervals during the last over 75 years. This master piece treatise now steps into its Twelfth Edition. The entire range of judicial pronouncements of the Supreme Court as well as various High Courts have been surveyed and placed under appropriate heads and Sub-heads, to enable easy reference. A Will is a legal declaration expressing the wishes of the testator to be carried into effect after his death. A Will is an important document which enables the individual/any living person to rightfully leave his assets and wealth to whomsoever he chooses after his demise. Will is rightly defined as the declaration of the intention of the testator. Execution of a Will has no rigid requirements, however statistics show that three out of four people die without a Will and as is known by one and all that it is important to have a Will, many people refuse to write a Will because they just can't bring themselves to think about their death. A Codicil, unlike a Will is not an independent document, but is an appendage to the main document Le.. the Will Codicil means an instrument made in relation to the dispositions and shall be deemed to be a part of the Will. It is supplemental to and considered as annexure to a Will previously made. Unprivileged Wills are ordinary Wills, other than Privileged Wills and are dealt with in Secs. 63. 67 and 68 of the Indian Succession Act, 1925. Registration of a Will is not compulsory but is purely a matter of discretion. An adverse inference cannot be drawn by the Court or the authority about the genuineness of a Will on the ground of its non-registration. The testator can make alterations in the Will Alterations and additions are deemed to be a part of the Will. The preparation of a Will is an intelligent work on the part of the person who makes the Will. The primary object of a Will is to declare in proper form the intention of the testator as to the disposition of his estate and to make provision for those whom he desires to benefit from his property after his demise. ho however, been made to maintain the sterling value and tones unturned.
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Contents
Part 1
01. The Origin and Growth of Will
02. Legislative Provisions in Connection with Wills
03. Form of Will
04. Will-Defined
05. Characteristics of a Will
06. Different kinds of Wills
07. Of Domicile
08. Who are Hindus, etc
09. Mohammedan Law of Wills
10. Mohammedan law of Gift
11. Mohammedan law of WAKF
12. Personal Disabilities of Testator
13. Will obtained by Fraud, Coercion. Undue Influence or Importunity
14. Execution and Attestation of Wills and Incorporation
15. Proof of Wills
16. Revocation of Wills
17. Obliterations, Interlineations or Alterations and Revival of Wills
18. Revival and Republication
19. Who may be Devisels or Legatees
20. Extent of Testamentary Power-What Properties can be Devised
21. Claims for Maintenance as Affecting Testamentary Dispositions
22. Construction of Wills (Rules)
23. Of Rejecting, Supplying, Transposing, and Changing Words
24. Of Enlarging and Restricting the Meaning of Words in a Will
25. Parol Evidence-How far Admissible-Description of Persons and Thing
26. Construction-When Provisions are Repugnant or Contradictory
27. Uncertainty
28. From what Period a Will Speaks
29. Appointment.
30. Bequests to Heirs, or "Representatives, etc."
31. Bequests in Alternative
32. Devise-Nature of Estate Taken
33. Gifts to Relations-Legitimate Relations Intended
34. Two Bequests to same Person
35. Residuary Gifts
36. Partial Intestacy and Resulting Trust
37. Doctrine of Lapse
38. Bequests to a Class
39. Implied Gifts
40. Bequests to Unborn Persons
41. Perpetuity and Remoteness
42. Accumulation
43. Bequests to Charitable and Religious Uses
44. Vesting of Legacies
45. Onerous Bequests
46. Executory Devises and Bequests
47. Contingent Bequests
48. Conditional Bequests
49. Bequests with Directions as to Application or Enjoyment
50. Bequests to an Executor
51. Specific Legacies
52. Demonstrative Legacies
53. Ademption of Legacies
54. Abatement of Legacies
55. Payment of Liabilities in Respect of the Subject of the Bequest
56. Bequests of Things Described in General Terms
57. Bequests of the Interest or Produce of a Fund
58. Bequest of Annuities
59. Legacies to Creditors and Portioners
60. Election and Estoppel
61. Estates Unknown to the Law
62. Trusts
63. Gifts in Contemplation of Death
64. Testamentary guardians
65. Contract as Affecting Wills
66. Representative Title to Property of Deceased on succession
67. Probate, Letters of Administration and Administration of Assets of Deceased
68. Gr ant of Probate and Letters of Administration
69. Limited Grants
PART 2 : Probate and Letters of Administration
70. Alteration and Revocation of Grants
71. Practice in Granting and Revoking Probate and Letters of Administration
72. Executors of Their Own Wrong
73. Powers of an Executor or Administrator
74. Duties of an Executor or Administrator
75. Assent to Legacy by Executor or Administrator
76. Payment and Apportionment of Annuities
77. Investment of Funds to Provide for Legacies
78. Produce and Interest of Legacies
79. Refunding of Legacies
80. Liability of Executor or Administrator for Devastation
PART 3 : Succession Certificate
81. Grant of Succession Certificate
82. Protection to Property of the Deceased
83. Wills and Taxation
84. Construction of Wills
APPENDICES
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Author Details
Mantha Ramamurtis
Revised under the Guideline of
Shri. G.S. Sharma, M.Sc., M.L., Ex-District Judge, Advocate, High Court, Allahabad