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shanmuga pradeep   05 January 2023

General question about last will and testament in india

I have few question on how to write Last will and is it valid under Indian Law.

  1. Do i have to register my Last will (Eg, Affidavit, Notary, Stamp, etc)

  2. Can Last will over ride nomination? (Eg, Mutual fund, savings account, Stocks, insurance, etc) or i have to change the nomination of each account manually?

  3. How to divide my all assets & wealth in percentage (eg, dad 15%, mom 15%, Wife 15%, Child one 20%, Child two 20% and sister 15%). So, it will apply to all of my assents like property, savings bank account, stocks, etc

  4. Can my Last will be challenged in court?. If yes, then whom can challenge my will (after death) and how long it can be challenged?

  5. Does Last will requires any witness signature?

  6. Last will should be in Physical documents or it can be in digital document too?



Learning

 7 Replies

Real Soul.... (LEGAL)     05 January 2023

The last will should  mention that all the previous wills with dates are cancelled and this will shall prevail above all. 

You should write and sign in presence of witnesses and registration of will is not mandatory but makes it more strong and forceful. 

Your will can be challenged by any of your legal heirs upon grounds of  yours being insane at the time of making of will; you can make will in any ways you like regarding your owned property and assets but  you cannot make will against the law for ancestral property.

ASHOK KULKARNI   05 January 2023

A' PERSON PURCHASED a plot without approved layout in the year 1972 through GPA, 3 principal jointly appointed GPA through a deed and registered in sub registar office, 
In the year 1981 one principal died who appointed GPA in the year 1972
In the year 1984 'A'  person carried out deed correction after layout approved.without executor (Principal) deed correction carried out through GPA , whether it is valid? And section applies

kavksatyanarayana (subregistrar/supdt.(retired))     05 January 2023

Mr.Ashok Kulkarni, you mixed your query with the query of Mr. Shanmuga Pradeep.

Mr.Shanmuga Pradeep: 1. Do I have to register my Last will (Eg, Affidavit, Notary, Stamp, etc),  Ans: Will registration is not compulsory but it is better to register it. Will does not require a stamp.  Notary attested Will will be the same as unregistered Will.  The Will shall contain about previous wills if any executed by you, the details of properties both movable and immovable, and it shall be attested by at least two witnesses and scribes who write the Will with a date.

2. Can Last will override the nomination? (Eg, Mutual fund, savings account, Stocks, insurance, etc) or do I have to change the nomination of each account manually?  Ans: No. It is not necessary to change the nomination. 

3. How to divide my all assets & wealth into percentages (eg, dad 15%, mom 15%, Wife 15%, Child one 20%, Child two 20%, and sister 15%). So, it will apply to all of my assets like property, savings bank accounts, stocks, etc.  Ans: YES.

4. Can my Last will be challenged in court?  If yes, then whom can challenge my will (after death), and for how long it can be challenged? Ans: Any person can challenge it if you are unsound/insane at the time of executing the Will.

5 . Does Last will require any witness signature?  Ans: Yes. at least two witnesses and the scribe.

6. Last will should be in Physical documents or it can be in the digital document too?  Ans: It shall be in a Physical document that will have the signature of the testator.

 

shanmuga pradeep   05 January 2023

Hi kavksatyanarayana

 

Thanks for answering my question soo perfectly but still the nomination is not clear.

Can Last will override the nomination? (Eg, Mutual fund, savings account, Stocks, insurance, etc)

You sad, No. So, my last will not override nomination. So, if i want to divide perfectly in percentage then it not possible. because each of them have nomational these days as default whlile opening account.

So, before i die. i have to change the nomination based on fair divding.

 

Right?



 



 

kavksatyanarayana (subregistrar/supdt.(retired))     06 January 2023

No....................................................................

shanmuga pradeep   06 January 2023

@kavksatyanarayana
 

Your comment for Nomination Vs Succession is very confusing. No for what?.

 

 

kavksatyanarayana (subregistrar/supdt.(retired))     06 January 2023

Last will override nomination.  last will do not override nomination.


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