Will

Querist : Anonymous (Querist) 23 March 2018 This query is : Resolved
Can Husband and Wife both prepare a common WILL?

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Guest (Expert) 23 March 2018
Property belongs to whom, the husband or wife?

Vijay Raj Mahajan (Expert) 23 March 2018
Joint Will by husband and wife possible if it concerns jointly owned property/estate/cash etc.

Querist : Anonymous (Querist) 23 March 2018
property is in joint ownership . as a owner wife having first name and then husband . even in bank also both are having joint account. both are pensioner. Wife is physically fit but Husband is bed ridden. can Husband give his power of attorney to wife at the time of registration of WILL or any other option is available to prepared the WILL. whether relatives should be appointed as a witness at the time of registration of WILL.who will be proper as a witness for WILL?

Guest (Expert) 23 March 2018
POA has no role in making of a will on behalf of some person. POA holder cannot make will on behalf of the executor of the POA. Will has to be made in person. If will is required to be registered, the husband will have to appear before the registrar and sign before him or put his signature as well as thumb impression. The wife can take him along with her on some transport. Any relative, if not the proposed beneficiary or the executor of will, can witness a will.

SHIRISH PAWAR, 7738990900 (Expert) 23 March 2018
In addition to above person should be in sound mental health condition for making will of properties belongs to him, otherwise the will can be challenge before court of law.

Kumar Doab (Expert) 23 March 2018
Joint WILL is not unknown phenomenon and is possible and valid.
Being confined to bed may not necessarily be state and stage of not being mentally sound to understand what is being disposed by WILL!
Keep min. 2 unshakable witnesses...
If possible let all legal heirs be witnesses...

IT shall be appropriate to get certification from medical specialist for being mentally sound and even witness of medical specialist and register the WILL............

Which personal law applies in this case..?
Or are you all Hindu?

Kumar Doab (Expert) 23 March 2018
Explain the difficulties to registering authority and request to depute someone to register at private residence...
You will get response from authority..

kavksatyanarayana (Expert) 23 March 2018
A will may be executed jointly by wife and husband if they own joint property. Apply to the Sub Registrar concerned (where you residing) with medical certificate (for ill-health) and request to attend your resident to admit the Will. private attendance fee as per rules shall be paid.

Guest (Expert) 24 March 2018
In nut shell, registration of will is subject to the satisfaction of the Registrar about the mental soundness voluntary act of the bed written sick person.

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