A Study to Analyse the Concept of Joint Wills in India
NMIMS’s Kirit P. Mehta School of Law, Mumbai, India.
Volume II – Issue III, 2020
It is important to note that no particular stature in the Indian legislature denotes the concept of joint wills and its applicability, thereby, a study which clearly expresses, with the help of precedents, as to the meaning of joint wills, its applicability and differences from similar kind of wills which can indicate towards monumental changes in the execution of a testator’s will is very important. This particular research paper aims to establish that. Further, this paper extensively analyses the landmark judgment of Dr. K.S. Palanisami (Dead) vs. Hindu Community in general and Citizens of Gobichettipalayam and Others , which in detail deals with joint wills and how the right of alienation works in such cases. This case also lays down significant points of differences between mutual wills and joint wills which can be conferred from the intent of the testators, because such a distinction helps in clear understanding of both these types of wills and identifying them. Such identification helps in establishing applicability of an array of rules, subject to the type of will.
Keywords: Joint wills, Indian Sucecssion Act 1925, Joint and Mutual wills.