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(Guest)

In which language should I draft the Will?

Is it necessary to write the Will in the same language which the testator knows well? What I mean to say is that the testator knows Hindi but he signs on his Will which is drafted in English then is such a Will valid?


Kindly answer my query.

Thanks a lot


 21 Replies

Vikram Sodha (Advocate)     27 January 2019

you draft will in english and at bottem testator should declare that said will has been explained to testator in local language.
1 Like

G.L.N. Prasad (Retired employee.)     28 January 2019

The witnesses may also state that it was explained to testator in Hindi in their presence.  Once it is registered, it may not bring any further issues.  Normally, the testator has to be provided with such Hindi Translation and the copy must be having his due acknowledgment with such name of translator.  This may be enclosed to copy of will in English.

Kishor Mehta (CEO)     28 January 2019

While I fully agree with the advice of the esteemed members, it will be prudent to draft and execute a WILL in the mother tongue of the testator.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     28 January 2019

Though legal position in the matter has rightly been explained by different learned experts, in order not to leave any scope for a future litigation on this ground, it would be wise to execute the Will in the language known to the Testator.

P. Venu (Advocate)     28 January 2019

Does the posting pertains to a Will that has been executed or a Will that is to be executed? What is the context in which this query has been posted?


(Guest)
Thanks for your inputs esteemed members! The Will has not been executed till now.

Kumar Doab (FIN)     28 January 2019

A person that knows English may sign in Hindi.

Usually WILL may contain lines that WILL is readover and explained so that IT can be established that testator knew what is being disposed off by WILL.

The WILL as in query may succeed as genuine/valid.

IT shall certainly be better to draft the WILL in language known to testator e.g; Mother Language.

 

 

 

 

 

 

 

Kumar Doab (FIN)     28 January 2019

 

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Testamentary Succession/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Some of such entities remain glued to their computers and post in any thread including thread initiated by you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists.

Such entities post abuse if anyone good LCI Experet post details/links/citations for the benefit of querists/readers. Such entities may paste picture of aged/old/sick looking individuals.

Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Testamentary Succession/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

If you are confident that you are well versed with provisions of applicable rules/laws and procedures and can handle the matter on your own, go ahead.

Kumar Doab (FIN)     28 January 2019

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

 

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by Testamentary succession/ inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

 

For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

 

 If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

Check locally and comply with procedure.

 

The last wish of testator in last valid WILL is supreme and courts endeavour to execute the last wish of testator.

The said WILL as in query may succeed if matter lands up in court of law.

The probate court alone is empowered to decide the matter in case WILL is contested.

 

P. Venu (Advocate)     28 January 2019

The aonswer is obvious that the Will ought to be in a language in which the testator is comfortably conversant. But the question is, why the Will needs to be put in a language unfamiliar to the Testator.

TGK REDDI   29 January 2019

Any of the three tongues viz., English, Hindi or language of the area is proper, I think.

In the Office of The Sub Registrar of my location, all documents are mostly written in Telugu and often in English.

It's of no consequence whether the parties know the language.    " Read over to the party and explained" is enough.

TGK REDDI   29 January 2019

I observe many Experts jumping on Questioners.    Examination Paper.     Stupid Query. Academic Query.    Furnish facts.       Locus standi.      You're not supposed to write against an Expert like this.    And so on.

Has any Expert written, " You're not supposed to write against the Questioner like this"?

Has any Expert said, " Research Paper" about the long long replies of Shri Kumar Doab?

Martin S.   29 January 2019

Originally posted by : TGK REDDI
I observe many Experts jumping on Questioners.    Examination Paper.     Stupid Query. Academic Query.    Furnish facts.       Locus standi.      You're not supposed to write against an Expert like this.    And so on.

Has any Expert written, " You're not supposed to write against the Questioner like this"?

Has any Expert said, " Research Paper" about the long long replies of Shri Kumar Doab?

ha ha ha

Martin S.   29 January 2019

According to me the will should be not in any language known to any of the relatives of the testator.  The testator should always remove scope for any future dispute, court cases by making a will in that language which none of his relatives can understand.  Get it digitally marked and signed by digital signature which is tamper proof.


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