Making a will

Kiran Kumar (Querist) 16 March 2021 This query is : Resolved
Hi Team,
My dad wants to make a will. He is 83 and bedridden. Cannot walk, talk, read or write.
Could any one let me know whats the procedure and cost of making a will notarized.

I stay in Hyderabad, India.

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This discussion addresses the process of making a will for an 83-year-old bedridden father in Hyderabad who cannot talk, read, or write. While a doctor's certificate is mentioned, the core issue is the father's capacity to understand and communicate his intentions clearly. The advice suggests that if he cannot adequately convey his wishes, he may not be legally entitled to make a will, and attempting to do so could lead to legal challenges and disputes.

SHIRISH PAWAR, 7738990900 (Expert) 16 March 2021
Hello,

Get your father examined by the doctor whether he is fit to execute the will. Only after getting doctor;s certificate your father can execute the will. You can also register the will with the sub-registrar if you wish to register it.

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Kiran Kumar (Querist) 16 March 2021
My father is not fit to execute the will.
I hav got a medical certificate also.
So, what is your advise now.

Kiran Kumar (Querist) 16 March 2021
My father is not fit to execute the will. I have got a medical certificate that says he is suffering from so and so problem.
So, what is your advise now Mr. Pawar.

Advocate Bhartesh goyal (Expert) 16 March 2021
When your father is unable to read,write,talking,walk and understanding the things then how can you say that he is willing to execute will.?

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Kiran Kumar (Querist) 16 March 2021
He can talk, but very less....

Dr J C Vashista (Expert) 17 March 2021
Yes, he can execute a will provided any of his legal representative has no objection to his health / physical condition, although it is basic requirement for executing .a will.
However, it would serve no purpose if there is no objection in executing a will in such condition and leaving the property intestate.

K Rajasekharan (Expert) 17 March 2021
If he cannot talk enough normally and tell clearly what he intends in his mind in regard to his property he is legally not entitled to make a Will.

The statement that he can only talk less seems to suggest that he is not in a good condition to communicate his intention to others in a proper manner.

A person who can talk clearly enough (when he cannot read or write) can only be understood as whether he is in a good state of mind in understanding things around while making a Will.

A doctor’s certificate (expert evidence) may not play much role in proving the Will over the direct testimony (direct evidence) of the attesting witnesses etc, if the Will is contested by a party in the court of law.

krishna mohan (Expert) 18 March 2021
For executing a will he need to be conscious and convey his intention to be reduced in writing by lawyer if you wish to draft the will and to be witnessed by two witnesses, preferably your own relatives to avoid contesting the will.

J K Agrawal (Expert) 18 March 2021
Question is why do you require a will? It only means that you want to exclude some heirs. These type of wills always challenged and court result comes almost when most of the litigants are left the world or the property remains of no much use to them. Better to leave idea of will and try to let him pass his remaining little life with best possible ease and comfort. It will provide to you all that which you want through a will or even more.

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