Any will or its part which got to be executed under fraud, coercion, or by force, i.e., where the free will of testator was impaired, is void. The burden of proof is upon that person who claims that the will was executed by a person voluntarily upon free will of the testator.
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Though under Mitakshara law, a Hindu cannot bequeath his interest in the undivided coparcenary yet he can validly bequeath his self acquired property in favour of his coparceners and undivided share to third persons. Such a bequest will be valid under law. Any coparcener who is given this interest can decide and opt for taking the property after the death of the testator. He can also retain both the properties.
Joint Bequest:
ADVERTISEMENTS:
If bequest is made in favour of a class of persons and further if it cannot be executed in favour of some of the persons, then bequest shall be void with respect to those persons only and shall remain valid for the rest of the persons. Where the bequest is for two or more than two persons, then a question may arise that whether they will get it as co-owners, joint owners-er as coparceners.
If they get it as co-owners then it will go to the heirs after their death. But if they get it as joint owners then it will go as per the rules of survivorship and if they get it as coparceners then their undivided individual share shall go as per survivorship after their death. However according to Privy Council’s decision if the beneficiaries are not members of coparcenary then the property shall vest in them as co-owners.
