Information

Overview

A codicil is an instrument made in relation to a Will, explaining, altering or adding to its dispositions and is deemed to be a part of the Will. A codicil has to be executed and attested like a Will. A codicil is similar to a Will and is governed by the same rules as a Will.

A change can be in the form of addition, deletion or substitution of some clause or name or property or date etc, with a new one, or any other type of change that you wish to do in your Will. For this you cannot make these changes directly in the Will document, and if any alterations are seen in the Will document, it becomes void.

So how to make alterations to your Will?

Simple! You have to draft all the alterations, clearly mentioning each clause and the change done, in a separate document. This document is termed as Codicil in law. A Codicil can be made only to an existing Will, not to any future Wills. The Codicil is to be read as part of the Will and is considered as an extension of the Will.

What Should Be Included In A Codicil?

Now before you proceed to make your Codicil you have to understand what are the important details that are to be included in the document. You should mention the following details:

    The name of the Testator, the person who made the Will, his address, age and father’s name just as mentioned in the original Will.
    The date and place of making the Codicil.
    The clauses in the Will with the correct sub-clauses, sub-headings etc which the Testator wishes to amend or change. The Clauses to be changed should be exactly numbered as in the Will without giving space to any ambiguity.
    The new additions or deletions or substitutions that are to be incorporated into the Will.
    The exact places in the Will where the new changes are to be inserted.
    Signature of the Testator in the same manner as in the Will.
    Two witness signatures after the Testator’s signature is placed.
    A codicil need not necessarily be in a Stamp Paper, it can be written in a plain paper also
    The Codicil so made should be kept along with the Will.

Requirements To Make It Legally Valid

A Codicil becomes legally valid once it is drafted and signed by the Testator.
But always check for these details in the codicil:

    Testator in the Will and the Codicil should be the same. The signatures should match.
    Date of codicil should always be a date after the date of Will, and not a date prior to the Will.
    A Codicil should have the Section and Clause of the Will in the same format.
    Two witnesses should sign the Codicil.


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Name : Parvathi Menon

Law Firm Name : Menon and Singh, Advocates and Solicitors

Country : India

City : New Delhi

State : DELHI

Practicing Since: 2014

About Your Firm : Menon & Singh law office is a full-service law office founded by Ms. Annapurna and Ms. Parvathi Menon. With a team of young professionals, the firm strives to not only to comprehend the grievances of its clients and provide efficient and cost effective solutions to them, but at the same time it also renders its support in assisting them to achieve their goals. The firm leaves no stone unturned to overturn the nadir of its clients into their zenith.  "Out of the box thinking" is the key phrase that guides the team in their quest to find remedy to the complex legal quandaries that loom at large before its clients. The firm provides a beautiful blend of conventional wisdom and novel ideas while dealing with the cases.  The firm understands that many a times when a client visits them, they may have undergone severe mental distress. Menon & Singh Law Office takes great pride in providing counselling services to its clients as it understands that mental peace is one of the most valued objective of mankind. The firm understands that the best results are the product of a partnership, so we work with each client to develop and execute custom-built plans designed to maximize success.  ? ? ?    ?     ? ? ?

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Annapurna D/5043/2017 New Delhi

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Subject :  Difference between a "mortgage" and a "lease"?
Question :  What is the difference between a "mortgage" and a "lease" Please explain

Answer by Menon and Singh, Advocates and Solicitors :  Mortgage and lease have been exclusively dealt with in the Transfer of Property Act. As per Section 58 of the said Act, mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. Section 105 TOPA states that a lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms. Difference- 1. In mortgage, the interest in property is transferred for securing payment of money whereas in lease, interest in property is transferred for enjoyment of property in exchange of some consideration. 2. Almost all types of mortgage requires registration of property but lease requires registration only if the lease period exceeds 11 months. 3. Mortgage deed requires attestation by 2 witness but lease does not require the same. 4. In mortgage the consideration is known as mortgage money whereas in lease, the consideration is known as premium or rent.