Is a nuncupative oral will valid in Surat?

Detailed Legal Analysis

A nuncupative or oral will is generally not recognised under the Indian Succession Act for Hindus and Christians in Surat. The Gujarat High Court has held that wills must be in writing under the Indian Succession Act except for privileged wills by soldiers.

Under the Gujarat Rent Control Act 1999 and Muslim Personal Law, an oral will is valid if made before two competent witnesses for bequests up to one-third of the estate. For Muslims, the oral declaration must be clear and proved by testimony of the witnesses.

Privileged wills by soldiers in active service can be oral under the Indian Succession Act. An oral will by a civilian Hindu or Christian is not valid.