Will by elder sister to his minor brother

MOHD YASIR (Querist) 18 May 2024 This query is : Resolved
CAN A ELDER SISTER MAKE A WILL TO HIS MINOR BROTHER
WHAT IS THE LEGAL FORMALITIES TO BE FOLLOWED IN MAKING A WILL

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Yes, an elder sister can make a will to bequeath property to her minor brother. The will must be drafted legally, signed by the sister (testator) and two witnesses, and clearly outline the beneficiaries, property, and conditions. It's advisable to appoint a guardian to manage the minor's interests until they reach adulthood. While registration isn't mandatory, ensuring the will reflects free will and sound mental capacity is crucial for its validity.

kavksatyanarayana (Expert) 18 May 2024
If the elder sister wants to make a will to her minor brother represented by his natural guardian father/mother after her. The will may be registered under the jurisdiction of the SR where the sister resides. Any lawyer or Document Writer may be engaged to draft it legally.

Advocate Bhartesh goyal (Expert) 18 May 2024
Elder sister can bequeath her property through will to her minor brother.Will should be signed by testator ( Elder Dister ) and two witnesses.

T. Kalaiselvan, Advocate (Expert) 19 May 2024
If the elder sister is having a clear marketable title to the property she desires to bequeath in favor of her younger minor brother, she can very well proceed doing so, but she has to name a guardian to take care of the interest of the minor beneficiary during the period of his minority if the Will shall become enforceable

Sudhir Kumar, Advocate (Expert) 19 May 2024
A valid WILL mus contain clear description of

1. Person making will
2. Person in whose favour will is.
3. Religion of both.
4. Free will.
5. Sound capacity of mind of the person making will
6. Lack of influence or coercion on the person making will.
7. Clear description of property.
8. Clear description of the conditions.
9. Clear date.
10. Clear identity of the witnesses.

MOHD YASIR (Querist) 16 July 2024
Will registration is mandatory or not

Advocate Bhartesh goyal (Expert) 16 July 2024
Neither registration of will is mandatory nor it requires any stamp duty.Will can be execute even on simple plane paper.For validation of will condition of signature of testator and two witnesses is essential.

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