Is will deed necessary

Querist : Anonymous (Querist) 06 February 2021 This query is : Resolved
Hi, I am a Mumbai resident and I own ownership flat and a shop (on pagdi system), and 2 bank accounts. I wish that after me all these should get transferred in my wife's name seamlessly with no harassment to her, as after me there won't be anyone who will take care of her.
I am having a son who resides in Canada and my daughter is married and stays very far. And we are confident that they won't create any problem for her w.r.t. properties. As they are well to do enough.

Do I need to make a Will Deed? If yes, how much will it cost? Does it require any registration, stamp duty, or any other fees?

Kindly advise.

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A Mumbai resident is seeking advice on whether a Will Deed is necessary to ensure his property, including a flat and shop on pagdi system, and bank accounts are seamlessly transferred to his wife after his passing. He is concerned about his wife's well-being as his children live abroad. The advice suggests a registered Will is a suitable solution, explaining it can be drafted by an advocate or self-prepared. While registration and stamp duty are not mandatory for a Will, registration is recommended and incurs applicable state charges. A Will can be prepared on plain paper.

K Rajasekharan (Expert) 06 February 2021
It seems a registered Will is a perfect solution for you. It is definitely much more than what is necessary to ensure proper devolution of your property to your wife, in case you leave this world earlier.

You can write the Will yourself if you know the law governing it clearly, otherwise seek the help of an advocate. Will requires no registration but it is better if it is registered. Will requires no stamp paper. It can be prepared on plain paper. Registration charge as applicable in your state will apply, if you prefer for registration.

To avoid writing more on the topic, I just add a link to an article on Will I prepared earlier. It may give you some broad understanding of the legalities of a Will and it is at https://www.lawwatch.in/2020/03/14/Will/

Dr J C Vashista (Expert) 08 February 2021
Get a will registered in favour of your wife for the movable and immovable properties owned by you.

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