Will deed
Vicky
(Querist) 02 May 2016
This query is : Resolved
Dear Sir, I am 35 and received a property thru a gift deed from my parents (both mother and father) I am unmarried and have no heirs or any nominee,
These days i dont keep well and wish to write a Will only on my mother's name.
is that possible ??
I have got the draft of will from the share files and need to execute the same
what is the process and what kind of Stamp paper or other things required.... please help
I will be doing it myself.
Thank you so much in advance.
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FORMAT of a Will
I, _ _ _ _ _ _ _ , son/wife of _ _ _ _ _ _ _ ,resident of _ _ _ _ _ _ _ ,age _ _ years, am making this will on the _ _ day of _ _ _ _ _ _ _ out of my free volition and without any coercion or undue influence whatsoever and state that this is my last will and that I hereby revoke all Wills and codicil made by me at any time heretoforce, I bequeath my property , interests and other rights as follows:
1. I bequeath on my death to _ _ _ _ _ _ _ ,my title interests and all other rights which i have as owner of the residential / Commercial Property at _ _ _ _ _ _ _ , I hereby sate that he shall be
entitled to use and enjoy the said property at his own will after my death.
2. I bequeath on my death the following ornaments and jewellery belonging to me to _ _ _ _ _ _ _ :-(Give the list of the ornaments)
3. I bequeath on my death, cash balances lying with me at the time of the death to _ _ _ _ _ _ _ .
4. I bequeath on my death,bank balance lying in my name at Savings/Current Bank Account No._ _ _ _ Bank of _ _ _ _ _ _ _ ,_ _ _ _ _ _ _ Branch, _ _ _ _ _ _ _ at the time of my death to _ _ _ _ _ _ _ .
5. I bequeath the amounts receivable by me the time of my death from various parties on various accounts to _ _ _ _ _ _ _ .
6. I bequeath the amonts and other valuables owned by me and lying in locker number _ _ _ _ in my name at Bank _ _ _ _ , Branch at the time of my death to _ _ _ _ _ _ _ .
7. I direct that a sum of rupees _ _ _ _ Only (Rs. _ _ _ _ /-) be set apart from my assets at the time of my death and be donated to a charitable trust or persons whose aim and objective is to provide food, medical assistance, education assistance, etc to the needy persons.
8. I direct that before distributing my assets in accordance with this will , all my debts , liabilities and monetary obligations including all testamentary expenses, costs, charges,expenses in respect to probate and other legal charges at the time of my death be met out of my assets.
9. I bequeath all the other residuary property , assets and other rights whether or not existing at the time of my death to _ _ _ _ _ _ _ .
I further state that Mr, _ _ _ _ _ _ _ is appointed as the executor of the this will.
I declare that I am the owner of the properties mentioned in this will and an entitled to make this will. I am of sound mind and health at the time of making this will.
In witness whereof , I have hereunto set and subscribed my hand and signature on this _ _ day of _ _ _ _ _ _ _ .
Signed
Signed by Mr. _ _ _ _ _ _ _ on his last will and testament, all being present at the same time. Thereafter at his request and in his presence, We subscribed our respective names and signatures as attesting witnesses all being also present at the same time.
Signature of the Witnesses
1. I have witnessed and read the aforesaid will.
Sign
2. I have witnessed and read the aforesaid will.
Sign
3. I have examined Mr. _ _ _ _ _ _ _ on the date of this will and wish to state that he appears to be in of sound mind and sound mental health at the time of making the above will.
Sign of doctor
Rajendra K Goyal
(Expert) 02 May 2016
Please get it vetted through local lawyer.
Kumar Doab
(Expert) 02 May 2016
Mr. Goyal has rightly advised.
R.K Nanda
(Expert) 02 May 2016
verify by local lawyer.
Vicky
(Querist) 02 May 2016
Dear Sir, I am 35 and received a property thru a gift deed from my parents (both mother and father) I am unmarried and have no heirs or any nominee,
These days i dont keep well and wish to write a Will only on my mother's name.
is that possible ??
I have got the draft of will from the share files and need to execute the same
what is the process and what kind of Stamp paper or other things required.... please help
Devajyoti Barman
(Expert) 02 May 2016
Do get the papers checked by a local lawyer. We are in no position to verify title of the property.
Kumar Doab
(Expert) 02 May 2016
An able counsel can draft the WILL so as to defend your interest.
It shall be better to register the WILL and get a certificate fro doctor that you are mentally sound.
Engage an able counsel.
Adv. Yogen Kakade
(Expert) 03 May 2016
You can transfer the property through will to your mother. And the same shall be transferred after your death.
No stamp paper required.
No registration required.
The property to be mentioned should be described thoroughly.
Minimum Two witnesses are necessary with id, signature and thumb impression.
If you are not well then doctors certificate shall be necessary while signing the will.
No format is required.
You can also transfer the property before you death in favour of your mother through gift deed, as it shall not cost much.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883
Kumar Doab
(Expert) 03 May 2016
You may also check if at your location probate of WILL is mandatory.
It is reiterated that if WILL is registered then it is better.
If you are sick/unwell obtain doctor's certificate that you are mentally sound in case of gift deed too. It shall be better.
Kumar Doab
(Expert) 16 May 2016
Query also posted at:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=137212&offset=0
