Will format
pooja dedhia
(Querist) 02 January 2012
This query is : Resolved
please provide "will " drft
Sailesh Kumar Shah
(Expert) 03 January 2012
Please engage lawyer for drafting WILL, Readymade draft could not be very helpful.
Devajyoti Barman
(Expert) 03 January 2012
Yes it needs expert skill for which help of an advocate is advisable.
Deepak Nair
(Expert) 03 January 2012
Agree with the experts. It requires a lot of skill to draft a will according to the need of the person making the will, without leaving any legal loophole.
Therefore, it is advisable to get it drafted through an advocate.
prabhakar singh
(Expert) 03 January 2012
For what and for whom,what are the facts associated with testator,what is his age,sick or in good health,how many sons daughters he/she has,whom he wants beneficiary,why by will,why natural heirs are being left,why beneficiary in particular preferred???????????????and soooooooomany personal facts are demanded for a will then what draft can one give you.Take risk on your own,on browsing net you may get many but we can not advance.
V R SHROFF
(Expert) 03 January 2012
Pooja,
You yourself is ADVOCATE,
and demanding a WILL DRAFT, is surprising.
Any way, we are ready to help you if you can't get from Library or net or other souces.
prabhakar singh
(Expert) 03 January 2012
You have not returned with answers to my query.Yet I am providing you a general guidance,any lawyer or testator shall take care of while drafting any will:
FORMS & FORMALITIES TO MAKE A WILL
Form of a Will
1.There is no prescribed form of a Will.
2.In order for it to be effective,
It needs to be properly signed and attested by testator and two attesting witnesses.
3.The Will must be initialed by the testator at the end of every page and next to any correction and alteration.
4.Language of a Will
A Will can be written in any language.
No technical words need to be used in a Will.
5.The words used should be clear and unambiguous so that the intention of the testator is reflected in his Will.
6.Stamp Duty
No stamp duty is required to be paid for executing a Will or a codicil.
A Will need not be made on stamp paper.
7.Attestation
A Will must be attested by two witnesses who must witness the testator executing the Will.
The witnesses should sign in the presence of each other and in the presence of the testator.
##However, according to Hindu Law, a witness can be a legatee.
###Under Parsi and Christian law, a witness cannot be an executor or legatee.
####A Muslim is not required to have his Will attested if it is in writing.But he can NOT write for more than 1/3rd of his properties.
8.Registration:
Under section 18 of the Registration Act the registration of a will is not compulsory.
9.It is a strong legal evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity.
10.A Will must be proved as duly and validly executed, as required by theIndian Succession Act.
11.Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen.
It shall be released only to the testator himself or, after his death, to an authorized person who produces the Death Certificate.
The cover should be super scribed with the name of the testator or his agent with a statement of the nature of the document.
An amount of Rs. 1,000/- will be charged as fee. The deposited cover may be withdrawn by the testator or his agent on payment of prescribed fee of Rs. 200/-.
It can be also openly registered before the sub-registrar without any seal cover deposit.
It can be notarized also.
It is desirable that properties movables and immovables are well described without any ambiguity.
Advocate. Arunagiri
(Expert) 03 January 2012
Mr.Shroff,
How do you know that POOJA is an advocate?
Raj Kumar Makkad
(Expert) 04 January 2012
pooja cannot be below advocates so she is an advocate and has rightly been replied by all experts.
V R SHROFF
(Expert) 04 January 2012
Dear Arun,
Earlier it was shown to me by Shri Shailesh Shah, [indirectly] so credit goes to him, and how I came to know POOJA IS ADVOCATE.
The trick is, double click her picture, it opens up her profile and all her activity in last year also.
Another method is, search for member name on Expert page, it allows you to read profile, and one knows all the activity of that person.
If you read, a fir related query, by anonymous lady/ or gent?? I checked date of query, and found a similar question asked by Minu, and that person, who wanted to hide her face, was opened up, and she wrote a lot against me, as totally exposed. she opened up query, forgetting, that friend need not be in same profession, and with same description as Minu, and i revealed, she was divorcee with child, now compelling young bachelor to marry her, after affairs of 5 years objected by boy’s parents, she disliked, ans wrote so badly, that an aggrieved person HERSELF only can go to that extent, NOT HER FRIEND.
You can link queries, it's date and originator, and can investigate reasons for the query, and exactly what he wants.
"SAAB, BAL KA KHAL NIKALKE TO HUM ADVOCATE LOG KA KAAM HAI.
WE SHOULD BE ABLE TO READ IN BETWEEN THE LINES,
Client may not tell their story, we should listen unspoken words, what is in their mind and heart and help them understand and solve their problem better. Hum log sacchai tak ja satka hai, and then only we can guide directly and correctly, and can fire [as in this case to Advocate Pooja] who want to hide facts to experts.
I hope it is clear, and will help you. Let us think beyond the Horizon, to help needy, and Fire, who misuse this LCI Platform, and want to fool us, waste our valuable time, for their TIMEPASS.
I advise, better send PM for such professional secrets, guidance, instead of disclosing openly to the whole world.
Thanks,
Adv Shroff
04-01-2012
Shonee Kapoor
(Expert) 06 January 2012
:-)
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
