Making a will
Querist :
Anonymous
(Querist) 05 December 2011
This query is : Resolved
Dear experts,
Kindly explain about process to make a will. Is this a court process. How many & which type witness require for a will? When a will impliments?
Regards,
R. S. SHARMA
prabhakar singh
(Expert) 05 December 2011
Making any "will" does not involve any court proceeding.
The maker of the will is called testator.He must be a person of sound mind and major.
A "will" must be in writing on a plain paper of neat kind[prefer A4 size].
After the "will"is written or typed it requires to be signed by the testator in presence of minimum two independent but known attesting witnesses.
After the signature of the testator before said two attesting witnesses,these attesting witnesses also must sign the "will"in presence of the testator then and there simultaneously.
After this much of the activity gets completed,the "will" has come into legal existence which shall come into force after the death of the testator.
The registration of a "will" is optional but it is always good that one after completing above formalities presents it for registration.
If the testator is too old by age best attesting witnesses would be his doctor and advocate.
A will should always be tried to be drafted with help of a competent lawyer as its formalities are very technical in nature and errors there in may destroy the objective of it.
ajay sethi
(Expert) 05 December 2011
agree with mr prbahakar singh no court process . can be made on plain piece of paper be handwritten.
need 2 attesting witness .
Shailesh Kr. Shah
(Expert) 05 December 2011
I completely agree with views of Shri Prabhakar Singh except very small modification that use 'Legal' Size paper. In uttar pradesh, Sub-registrar shall not register will in 'A4 paper'.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 December 2011
No where A 4 is accepted.
Well in UP I was surprised that no green legal size paper is used in court applications and Judges do not make order on applications but the clerk writes in the order sheet and Judge initials only .
Is it the system everywhere in UP.
M/s. Y-not legal services
(Expert) 05 December 2011
What does actually WILL means. How do you make it also tell me the way of registering?
WILL is a legal declaration of the intention of a person with respect to his property or a state, which he desires to take effect after his death. WILL is an untitled document which state after the death of a person making the deposition an it is document which can be revoked , modify or substituted by the person executing the will at any point of his time during his life time. For executing the Will the person must be fully competent, as much as he should not be a minor and should not person of unsound mind. The Will has to be in writing and has to state that the person executing the same is making it out of his own free will and in a sound disposing state of mind. It has to be signed by the executor of the Will and has to be attested by two witnesses atleast. However under the provisions of law the Will is not requiring in writing no required to be signed or attesting. The WILL under law is not required to be compulsory registered. It can be executed even on a plain paper and it can be fully valued even if unregistered. In the event of the person desiring WILL to be registered, he has to approach the office of the Sub-registrar and has to be accompanied by the person who have signed as witnesses on the said WILL .The executor of WILL as well as the attesting witnesses have to put their signatures and thumb impressions in the register maintained by the Sub-registrar. There are Sub-registrars defined for various district and you have to inquire for in this regard from the concerned office as to which Sub-registrar you are required to get your WILL registered. The Sub-registrar would be as per the place of the residence of the person executing the WILL.
Shonee Kapoor
(Expert) 06 December 2011
Agree with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
