6 Main Points to Consider While Making a Will under Hindu Law

(1) State of the testator;

(2) His family relations;

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(3) Probability of using the words with a particular intention;

(4) His caste and religious faith;

(5) Common desire and sentiments of the Hindus in the devolution of property e.g., a female did not acquire the property absolutely in succession etc.

(6) English rules of construction ordinarily do not apply.

In Arunachala v. Murugantha the Supreme Court reiterating its earlier view given in Ram Gopal v. Nandlal, has held that the father enjoys absolute power to dispose of his self-acquired property through a Will. Where such property is given by a Will, it will not be presumed to be an ancestral property in the hands of its recipient. In such a case whether the property would be treated as ancestral or separate, would depend upon the fact as to with which intention it was given by the father.