Dehradun: Though no official date is fixed for implementing the Uniform Civil Code (UCC) in Uttarakhand, the UCC rules got a thumbs up from the cabinet. According to Chief Minister Pushkar Singh Dhami, the state government wants to implement that the unitary system of personal laws applicable to every citizen on January 26. Many special provisions have been made in the UCC rules, which also includes the provision of Privileged Will. 'Uttarakhand Uniform Civil Code Act, 2024' has given special emphasis on the aspects related to making and canceling the will and supplementary document.
Speaking on the issue, Uttarakhand CM Pushkar Singh Dhami said, "Our resolve was to implement the Uniform Civil Code in the state. We had promised the people of the state that after the BJP government is formed in the state, a committee will be formed to implement the Uniform Civil Code. The state cabinet has approved the act and soon the Uniform Civil Code will be implemented in the state making Uttarakhand the first state after independence to implement UCC."
What is Privileged Will?
Given the state's tradition of making outstanding contributions to the armed forces, the Act gives special importance to the Privileged Will. According to this, soldiers, airmen or marines on active service or deployment can prepare a will under simple and flexible rules--whether it is handwritten, verbally dictated, or presented verbatim before witnesses.
The purpose of this streamlined process is to ensure that even those deployed in difficult and high-risk situations can effectively register their property wishes. For example, if a soldier writes a will in his hand, the formalities of signature or attestation are not required, provided it is clear that the document was prepared in his own words.
Similarly, if a soldier or airman verbally declares a will in front of two witnesses, it can also be considered a privileged will, although it will automatically become invalid after one month if the person is still alive and his special service conditions (active service, etc.) have ended, said an official statement.
It is also stated that someone else may draft a will as directed by the soldier, and the soldier accepts it verbally or in action; in such a situation too, it will be considered a valid privileged will. If the soldier had given written instructions to write a Will but died before it could be finalised, those instructions would still be treated as a Will, provided it is proven that they were his wishes.
Similarly, if oral instructions were given in front of two witnesses and the witnesses were able to record them in writing during the soldier's lifetime, but the document could not be formally finalised, such instructions could still be given the status of a Will. Importantly, a Privileged Will can also be revoked or amended in the future by the soldier by making a new Privileged Will (or Ordinary Will in some circumstances) that reflects the soldier's latest wishes.
This entire arrangement protects the interests of soldiers who want to record their property decisions even in difficult circumstances. As part of the state Government's commitment to provide convenient and citizen-friendly legal processes to the general public, these services will also soon be offered through an online portal.
This will make the application process faster, more streamlined and free of paperwork, while also providing a robust digital record. Pertinently, making a will is not mandatory for anyone; it is a personal decision. However, for those who wish to set clear guidelines for their property, the Act provides a secure and simple system.
According to the official statement, Sub-registrars, Registrars and Registrar General have been appointed to ensure that all applications are processed within a stipulated time frame. This framework is an important step towards providing effective support and transparency to the domiciles of the state in relation to their legal needs.
