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Doctrine of Acceleration

Introduction Acceleration means reducing the time gap between the present and when a certain event is supposed to happen. This doctrine, which pertains to wills and successions inasmuch as it applies to the transfer of property, lays down that when a prior interest fails or ends abruptly and does not violate any provisions of the

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The Doctrine of Persona Designata in Wills and Successions

Introduction The doctrine of persona designata translates to “a person considered as an individual rather than as a member of a class”, according to Black’s Law dictionary. In the law of wills, the intention of the testator remains paramount while deciding the interpretation of the said testator’s will. However, when the will’s wording creates certain doubts

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Ejusdem Generis in the Testamentary Context

Introduction In the construction of legal documents, such as wills and testaments, precision of language is paramount. However, ambiguous or vague terms are common in wills and testaments, which are frequently written by laypeople or without thorough legal review. In such cases, courts rely on an interpretative tool known as the doctrine of ejusdem generis,

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Doctrine of Donatio Mortis Causa

Introduction The doctrine of donatio mortis causa (DMC) occupies a unique space in succession law, positioned halfway between a gift and a testamentary bequest. Rooted in Roman law and preserved in English and Indian jurisprudence, it reflects a human anxiety surrounding death and an urgent need to secure one’s affairs. Simply put, a donatio mortis

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The Doctrine of Waiver

Introduction A waiver is essentially the intentional relinquishment of a legal right or claim. In the Indian legal context, this doctrine finds application across contract law, constitutional law, testamentary law, and various other fields. In these fields, individuals may, expressly or by conduct, with full knowledge of their existing rights, choose to abandon said right/rights. 

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Role of an Executor in Wills

Introduction Wills form a foundational element of the Indian legal system, serving as a formal means through which individuals can direct the distribution and management of their estate after death. Defined under Section 2(h) of the Indian Succession Act, 1925, a will is a legal declaration made voluntarily by a person (the testator) during their

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