No one else has any right, title, interest, claim or demand whatsoever on these assets or properties. I have full right, absolute power and complete authority on these assets, or in any other property which may be substituted in their place or places which may be Acquired or received by me hereafter.
One may require birth, death, marriage, divorce certificates, along with bank account papers, property papers, insurance papers, etc.
One may also require id proofs of beneficiaries. Another option is to make a Will on your own and then get it checked by a lawyer. Once the Will is drafted, it should be signed by you and 2 other witnesses.
After this, if you wish to make your Will even more secure, you should get it registered. Will in India is governed by the Indian succession Act for all religions, except Islam. Anyone above the age of 21 can make a Will. A Will can be registered and although it is not a necessary step, it has several advantages.
A registered Will is more secure as it cannot be tampered with, lost or stolen easily - it is kept in safe custody by the Registrar. It is important to hire a documentation lawyer in order to draft your Will as such an important document must be absolutely clear and unambiguous.
A lawyer will be able to draft your Will smoothly - with all the necessary information that must be included in a Will, thus helping in avoiding legal and mental battles for your family after your death.
Hiring a lawyer from the beginning is especially important if you have many assets and require assistance in ensuring that your complex wishes regarding your estate s are put on paper seamlessly and absolutely clearly. My father made a will registered leaving his house and movable property to his three daughters He gave strange powers to Mr A the executer? My question 1. If Mr A i executor of the will is supposed to get the probate?
My father has left enough money in the banks but our middle sister would do anything to annoy us even if she has to suffer financially. If the will is not executed we would have problem in getting his other money from Punjab as well. Please advise. This question has been answered by one of our lawyers. See answer below. Read More. My father died in February, The Will has till date not gone through probation.
Are there any charges if the probation is delayed? I bequeath the following assets, irrespective of her marital status, to my daughter Smt…………. All the above assets are owned by me. No one else has rights on these properties. We hereby attest that this Will has been signed by Shri…………. The testator is in sound mind and made this Will without any coercion. Signature of Witness 1. Tags: how to draft a will , will , sample , draft will , testamentary succession , sample will.
India is majorly a patriarchal society. From time immemorial women have always been treated subservient to male dominated society and have been suffering from pain and humiliation since generations. They are denied an access to education, employment, equal participation and The testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction.
Dear Sir If i want to bequeath all my assets to only one person, then is there need to list out all my assets? Or i can simply state that i am bequeathing all assets to the said person?
Dear Lalitagauri, It is advisable to mention the specific assets details which you think are of high value and you can just mention that all assets in your name will be passed on to the so and so person.
Suppose a person has various assets in his name. But currently he wants to make a WILL only for one of them. Is it possible to make such a WILL? If yes, Kindly let me know that how shall it be drafted.
Dear Vivek.. The draft can be same as provided above. One more question. And whether all the assets should be listed out in this will? I have my spouse and two daughters. I want to give my assets equally to them.
Can I list my Fixed assets and investments in Fixed deposits in the will,and mention that one-third of the assets must go to each person? Can a will include things like how to manage the assets. Say for example an independent house should not be converted to a flat.
An agricultural land should not be converted to a residential plot. Can anyone provide me with a template of medical fitness certificate for signing a will? What are the requisites of writing such a certificate? Should it be notarized? My father aged about 76 yrs has four sons and three daughters.
He owns a house measuring sq yds not ancestral property. He wants to divide and give the property to his sons only.. My query is will daughters have any right in this property legally after the will deed and if only will deed is sufficient for sons to inherit the property or should it be registered or gift deed should be done in sons names. Also kindly let me know if the two guarantors in the will deed should be blood related or relatives or any persons will do.
Can my mother and brother-in-laws be a guarantors. Can two out of three daughters be guarantors or all three need to sign in any kind of NOC. Dear Ram, He can execute Gift Deed and get it registered. Advisable to let his daughters also sign the Deed as witnesses. Read: 5 ways of transferring the real estate property! Thank you so much for your suggestion. I have a small query, Kindly advice. If my father writes half of the property to two sons totally four sons now and and remaining half to other two sons later as they are out of stations currently.
Also kindly let me know if we can get the will-deed registered as gift-deed. Dear Rama Krishna, He may do so.
A WILL can be modified multiple times. But the latest one is legal and valid. Read: 5 ways of transferring an immovable property! Thank you so much for the reply. One last question, as the property is being given to sons only four sons is it enough if my mother and one of my sisters out of three sign on the will as witness with clear comments by fathers in the will deed that daughters have no share in the property with proper reasons as to why daughters are not being given any share in property.
Will the will-deed be legally valid if in future any of the daughters file a case. Currently all daughters are kept in loop and none of the daughters have any objections. Kindly consult a lawyer and take legal opinion too. Dear Sir, I have two surnames and even the property in the city is by one surname and property at village is by other surname.
Dear Sanjay.. You may get the name changed in one of the Sale deeds. I have two children, both NRIs. I have made my daughter or son as a nominee in each of my investments. I am keen for the proceeds of my investments to be used by my children after my death for which my children will open a joint NRI Savings Bank Account.
There is no issue about dividing the proceeds. Is there a need for a will as I have made my son or daughter a nominee in each investment? Will it suffice if I write a simple letter mentioning that I am bequeathing my investments to both my children in the event of my death to take care of Income Tax Liability?
So, suggest you to execute a WILL in their names. For contact details of companies providing online will writing services, access indiaactivities. I have a small quarry. I have two sons both married living separately. My self and my wife living alone. In present day life you never know when death may strike you.
So I wish to write my WILL while still I am in sound health so that my sons do not face problem in inheriting my assets after I pass away. While I would write my will dividing my assets amongst my sons, I wish to insert one clause in the will stating that in case my wife is alive after my death she be the sole owner of all the assets mentioned in the WILL and in case she is not alive or after her death, the assets be distributed as mentioned in the WILL. Kindly advise. Dear Suresh..
You may write the WILL in the above specified manner. You may have a look at online WILL writing services. Person X wrote a will like below 1 One part of a land to person Y 2 Another part of a land to person Z. Later person X gave part 1 to Y as gift deed. Then, Is the above will valid for part 2.
The condition 1 become void because the part of land given as gift deed. Is the entire will void? Since assets are legally owned by my father and mother separately.
This was an important question, request you to kindly address this as well. Also, what kind of documents do I need to carry to the registrars office. Both from my end plus my parents. I have a sister and unfortunately the relationship is not very healthy. Besides she is fairly well off from her husband and that side of their ancestral property. My parents have assests spread across their names and have verbally confirmed that all their assets will belong to me post them.
Given the law granting equal right to siblings on parental property and my parents affirmation that all their assets will be bequeathed to me — am wishing to have a will documented and registered.
Except for a miniscule portion; all assets are self-earned by my parents. Request your guidance around: 1. Making the WILL legally valid and irrevocable. Despite the WILL can there be any claim my sister or her husband can make at a later date. My parents wish the will to bequeath their assets to either of them who survive the other and only upon both of them moving on death to me. What is the suggested value of stamp paper to be used to have the WILL registered.
Also pls guide around how to go about registering the WILL. Sir, My uncle has four daughters and a son. All his daughters have been happily married and do not expect anything in the property. Will this create any problems in future for anyone? He may also ask his daughters to sign the WILL as witnesses. Dear Pratik.. Hi Shreekanth, My grandmother passed away 8 years ago, the house which i am living is in my grandmothers name, she use to live separately in the same building, she came to our house months before she passed away and she asked for a pen and paper and asked us to transfer the house which we are currently living to be transferred to my name, i asked my mother if we want to proceed to prepare a will she denied it so i did not proceed further.
Please help!!! I want this property to be transferred in my name as per my grandmother wish, she has signed in blank paper how to transfer the property? Dear Sameer, Without going through the document it is tough and advisable for me to give you any suggestions. Has the document been signed by any witnesses? Suggest you to kindly take help of a trusted civil lawyer. One of my cousin, lost his father in He has two sisters married and well settled.
He stays with his mother and wife and children. His father has left an unregistered will with two witness and doctors certificate before his death making my cousin as the executor of the will for all his movable and immovable properties. His mother has also nominated him in the agreement with a copy of the nomination form to the society. Else, the other two sisters may also claim their share in the property.
Dear Sreekanth, thanks for your instant reply. For your question b, yes he is the only executor or beneficiary as per his fathers will. Dear kgngupta.. As the property has been gifted during lifetime of your Father, it supersedes provision of will. You may also get this confirmed with a civil lawyer. I am 65 years old. I am having flat in my name, bank FDs and equity shares.
Accordingly, my father appointed his three sons as Sebaits only after his death and I am the eldest son. Now I want my only son to step into my shoes after my death with conditions since my son does not stay with me for long. I do not want to divulge in my family. How shall I cover this. Dear Manoj Ji.. Kindly consult a civil lawyer and get your WILL drafted. It is advisable to take help of an expert in your case.
Can my mother write a will in favour of my elder brother or his son we are 2 sons for the properties registered in her name. The properties in her name are acquired by selling my dads ancestral property when my dad was alive.
Currently my dad has expired and I want to know if my mom can make a will favouring only my brotehr or his son. Dear Navaneethan.. She can write a WILL on ancestral property but it can be limited to her share in the property as it is an ancestral property. An ancestral property can not be passed on totally. Thanks a lot for ur response. Have a great day. I am unmarried and bought a house from my own saving in MY friend was with me right from the purchase of plot, construction and thereafter.
We are of same age and retired teachers from a private school. Your document is ready! You will receive it in Word and PDF formats. You will be able to modify it. A Will is a legal document that sets forth the wishes of the person making it the testator regarding the distribution of property and the care of minor children , if any, after their death, and is the centrepiece to most estate plans. The Will names an executor who is to been entrusted with the duty to carry out the wishes of the deceased.
It also provides the executor s with instructions on how the estate should be distributed. A Will should be reviewed from time to time to ensure that it still meets the needs of the testator and that the property will be distributed according to his or her wishes. It is especially important to review a Will on the following events:. In order to be valid, a Will does not need to adhere to any specific form or feature certain language. However, the document must disclose the intention of the testator in making dispositions of his or her property to come into effect at death.
A typical Will usually provides that all debts of the estate including taxes should be paid first although they are payable anyway.
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