Unregistered will
Gayatri Gayatri
(Querist) 21 September 2012
This query is : Resolved
Hi Sir,
I want to prepare/write a will so that my properties can be taken over/owned by my legal heir to whom I am planning to write a will.
As of now I dont want to spend too much on that (for doing gift deed).
Will writing a unregistered will work for this ?
Do i have to get it notaried ?
Is there any other way than this ? whats the best concrete way ?
Please suggest.
R.K Nanda
(Expert) 21 September 2012
take help of local lawyer so that no legal point is left.
Rajeev Kumar
(Expert) 21 September 2012
It need not a will must be registered though it must be signed by witnesses and testator and probate is necessary. It will be better to hire a local lawyer.
Devajyoti Barman
(Expert) 21 September 2012
Registration of Will is optional nor notarisation of it is required.
G. ARAVINTHAN
(Expert) 22 September 2012
Registration of Will is not not too expensive.
V.Mahadevan
(Expert) 22 September 2012
A written WILL(no particular form prescribed) fulfilling the basic legal requirements (signed and attested,in any language and no need to use technical jargon) is all that will do. No stamp duty is payable.
Neither Registration nor notarization is mandatory. Registration ensures genuineness.
Once registered it is held in safe custody of the Registrar
prabhakar singh
(Expert) 29 September 2012
ALL THAT IS REQUIRED IN LAW FOR A WILL IS THAT IT MUST BE IN WRITING SIGNED AND/OR MARKED BY TESTATOR AND SIGNED /OR MARKED BY TWO ATTESTING WITNESSES WHO ALSO SIGNED BEFORE TESTATOR.
NO STAMP DUTY PAYABLE.
REGISTRATION IS OPTIONAL BUT DESIRABLE.
LANGUAGE SHOULD BE SIMPLE.
ENGAGING CIVIL LAW LAWYER SHALL BE OF GREATER BENEFIT.
HOWEVER IN YOUR CASE UNLESS YOU ARE PLANNING TO DISCORD FROM SUCCESSION ANY OR SOME OF YOUR HEIRS OR DESIROUS TO GIVE SPECIFIC PROPERTY TO EACH OF THEM, YOU DO NOT NEED TO WRITE ANY WILL,LAW SHALL GIVE ALL YOU HAVE TO YOUR HEIRS.
Gayatri Gayatri
(Querist) 29 September 2012
Sir, Can you please tell me if married sister also will come under legal heir or not along with my wife ?
I want some part of my property to go to my married sister also. thats why I am asking this .
V.Mahadevan
(Expert) 30 September 2012
If the person so chooses, can make a Will giving away his property, part or the whole of his property to his heirs (members of his family)and/or even a stranger. His sister (named in the Will)who receives some of the property is called a legatee and what is given to her is called legacy.
