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Raghav Goyal (Article)     29 March 2013

Will and gift

Respeceted Members,

Please advice;

  This is the case of an illitrate lady who knows and understand only local language(except english) but doesn't know how to write. She wants to make a will because of her poor health.

Know, if, her will is translated into english and put in writting on a plain paper and been read over to her and made her understood the will, then would this will be a valid will?

Whether this will has to be registered? And if yes, please tell the procedure to register the will written on a plain paper.

 

Thanking you,



Learning

 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 March 2013

will may be executed on a plain paper. it does not require stamp.  the last will (whether it registered or not) come in to force only after the death of the testator.  (1) prepare the will in local language, read over to the person who is the testator, and note in the will that she is in sound mind, heard the will and the contents in the will are correct.  she has to put her left thumb impression under two witnessess and the signature of the scribe. the registration is optional for wills.  the last will if it is registered or not, will come in force only after the death of the testator.

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Raghav Goyal (Article)     30 March 2013

Thank you kavksatyanarayana ji,

Please guide me further in one more thing:

The lady has 4 children: 2 Male, 2 Female. All are married and having their own children.

Now, the lady want to give her property to the male children and their respective wives and children only but doesn't want any thing to be given to female children and their respective husbands and children. The reson being that both of the female children are quite wealthy and does not require anything out of the will.

.

Now, please advice me whether the lady can write in her will as follows:

" My both of the daughters have been married in good familiies and have earny children and are living a wealthy lives. Thus, they don't need anything from my property and estate. I, also, doesn't feel the need to give anything out of my property and estate to any of my daughters."

 

Please advice whether it could be proper to write these line in the will?


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