bill as introduced - Goavidhansabha.gov.in - Welcome to Goa ...

196. Concept of will.— (1) A will is an unilateral act whereby a person makes disposition
of the whole or a part of his estate to take effect upon his death.
(2) All dispositions which are by law permitted to be included in a will are valid if done
with all the formalities required to make a will, notwithstanding that they do not contain
disposition of assets.
197. Will is a personal act.— A will is a personal act. It shall not be lawful to make a will
through an attorney nor to leave it to the discretion of another person, either as regards the
institution of heirs or appointment of legatees or as regards the subject matter of the
inheritance or as regards the execution of the will.
However, the testator may entrust the partition or the inheritance to a third party when he
institutes or appoints a class of persons as heirs or legatees.
198. Will dependant upon instruction.— Dispositions which (a) depend on instructions
secretly given to another person or (b) refer to documents which are not authentic or are not
written and signed by the testator or (c) are made in favour of uncertain persons, who
cannot be ascertained in any manner, shall not take effect.
199. Disposition in favour of unnamed relatives.— Dispositions in favour of the relatives of
the testator or in favour of relatives of another person without specifically designating the
person, shall be presumed to have been made in favour of the nearest relatives of the
testator or of the person indicated, as per the order of legal succession.
200. Conditional disposition.— The testator may either make an unconditional
disposition of his estate or he may dispose of his estate subject to conditions, provided such
conditions are not absolutely or relatively impossible of performance or contrary to law,
morality or public policy. A condition which is impossible of performance or contrary to law
morality or public policy shall be presumed to be inexistent and shall not adversely affect
the heirs or legatees notwithstanding that the testator has provided to the contrary.
201. Obstruction to fulfillment of condition.— Where a person who is interested in the
non-performance of the condition, obstructs its fulfillment, the condition is presumed to have
been fulfilled.
202. Reason contrary to law.— Where the testator gives the reason or motive for making
the will and the reason or motive, whether true or false, is contrary to law, the disposition
shall be null and void.
203. Disposition where time for commencement or cessation of heirship is fixed.— Where
the testator fixes a time limit from which the institution of the heirs shall commence or cease,
such a declaration shall be deemed as not written by the testator.
204. Will obtained by coercion, undue influence, deceit, or fraud.— (1) A will obtained
by coercion, undue influence or by deceit or fraud, is voidable.