Will
Hitesh
(Querist) 25 November 2016
This query is : Resolved
My mother has a flat worth approx 25 lakhs. In her agreement nominee is my 2 sisters and presently my elder sister stays there on rent by giving heavy deposit to my mother at the time of buying that flat.
Me and my brother both stays Seperately on rent.
Recently, my mother realized and decided to sell flat and give us share from whatever amount she get by selling that flat.
Since last few days her health became very weak so she want to make will and write our rights in that flat.
My questions are
Can she make will at Home? Or professional advocate require?
After making will registration require?
What are registration charges?
What should be the format and require to write on stamp paper?? If yes how much?
Any other information which I missed
Please advise.
Hitesh
(Querist) 25 November 2016
Will information required
adv.bharat @ PUNE
(Expert) 26 November 2016
HItesh will must be registered for its legal validity. Draft of will must be prepared by expert advocate. Charges not fixed may vary.
Will u appreciate this answer by giving like on my LCI Profile?
Kishor Mehta
(Expert) 26 November 2016
Sir,
A Will can be prepared on a simple note paper, it need not be registered, but the following important points should be observed:
1) It should be dated,
2) An Executor should be appointed,
3) All heirs should be named,
4) All estates and assets to be stated.
5) The Will should be signed at every page,
6) Signatures of two witnesses, with their addresses, is necessary.
Good luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 26 November 2016
Your questions is:
Can she make will at Home? Or professional advocate require?
Reply:
She can bequeath / make a will from Home. No professional assistance is mandatory. Two witness, if possible additional one doctors witness regarding good health need to be taken. A professional drafting is preferred, it may cover lacuna.
Your questions is:
After making will registration require?
Reply:
Registration of will is not mandatory. It is better to get is registered. It may shield against the plea of coercion / undue influence etc. at later stage.
Your questions is:
What are registration charges?
Reply:
Registration charges are negligible, process can be completed in less than 1000/- Rs.
Rajendra K Goyal
(Expert) 26 November 2016
Your questions is:
What should be the format and require to write on stamp paper?? If yes how much?
Reply:
Will need not be written on Stamp paper, it can be written on plain paper. Format / outlines / matter you can search from internet, and can apply after changes as per requirement. As advised above, it is better to get it drafted through your lawyer.
Your questions is:
Any other information which I missed
Reply:
You are welcome to revert in case of need.
R.K Nanda
(Expert) 26 November 2016
nothing to add more.
Kumar Doab
(Expert) 27 November 2016
Your queries have been well addressed by experts.
Prefer examination and report of mental soundness by doctor and witness by doctor and registration.
The registration charges at your location may be more than Rs.1000/ however prefer registration.
Kumar Doab
(Expert) 27 November 2016
'presently my elder sister stays there on rent by giving heavy deposit to my mother at the time of buying that flat.'
Your mother may change nomination in society as per narration of share in WILL and also take care of deposit from daughter and may not leave this issue as pending.
Rajendra K Goyal
(Expert) 27 November 2016
May proceed as advised by the expert Kumar Doab.
Guest
(Expert) 27 November 2016
Shri Kishore Mehta has advised you appropriately, as based on your description and need.
Surrender K Singal
(Expert) 28 November 2016
Experts KM, RKG, KD have covered sufficiently for author to go ahead; If she is unable to visit Sub Registrar office, you can arrange for registration by her bedside by depositing some fees for the procedure at Sub Registrar office
Kumar Doab
(Expert) 28 November 2016
You have received illustrated responses.
Still if there are issues:: post.
Expert Mr. Kishore Mehta might be at your location.
In case of further issues, you can benefit from his counsel, in person.
