Gane (a) 22 October 2013

Drafting a will

Hello Sir / Madam

I would like to draft a will to avoid any legal complications if any arising post my demise. While the nominee's have been registered for any insurance policy, I would like to enact a will protecting my property post my life.

Need guidance on how a will is to be prepared, verified and registered. Also, can I put in a condition in the will whereby if the beneficiary of the will decides to sell of the property, the resultant amount received can be utilized only to a certain limit in a year?

For eg. If I nominate my wife is a beneficiary in the will, if she disposes of the property post my demise (for eg. for 30 lacs), can I through the will control the amount to be spent (eg. each year she can withdraw to an maximum of 3 lacs)?

Regards

Ganesh

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 22 October 2013

Mr. Gane,

You can execute a WILL in favor of any one as a beneficiary over the property in which you have absolute rights and interests. In the said WILL you may put any condition that you desire or think it may be proper and deemed fit as per the circumstances that may arise in the future after your demise. Your WILL need not be registered but has to be witnessed by at least two people. Nomination in the Insurance policy also can be invalidated by a WILL. Your WILL can be written/type written in a plain paper also. Thus, a WILL is a form of disposal of your immovable/movable properties as per desire after your passage from this mortal/material world. If you need a draft WILL you may write to my mail id given below with the details of your property(s), shall send you back a draft of the desired WILL. My mail id is kalai59thanga@gmail.com.

Adv. Kalaiselvan, Ph: +919443441062

Laxmi Kant Joshi (Advocate ) 22 October 2013

Gane ji , you can make a will for your own self aquired property either immovable or movable in the name of any person whom you want to give . It is your legal right to give your self earned property to any person after your demise . you can write It in the plain paper and give full details of your property , if It is immovable property then give its full details and location of the said property , your bank accounts detail , insurance detail etc , write about details of your family members whom you don't want to give nothing mention in It with reasons , witnessed it by two person and get It registered in the sub registrar office of your area .