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Rajshree Jhawar (Proprietor)     08 October 2010

How to make a valid will

Hi!. I wish to know what is the procedure for making a legally valid will. Does the will have to be necessarily registered?

My father in law expired recently, and we are facing a lot of problems, since he had not made a will and had not mentioned nominees in many of his investments.

Kindly let me know the procedure asap.

Thanking you,

Rajshree



Learning

 18 Replies

Adv Archana Deshmukh (Practicing Advocate)     08 October 2010

Will can be made on a simple plain paper, it should be signed by the testator and 2 attesting witnesses. Though it is not mandatory to register a will but still it is advisable to register it.


(Guest)

Registration of will is optional but if you register then it will more helpful in case of proving it.Registration is done through registrar office.


first you simply draft it ,if you don't know how to draft you download example form on this site and make your own will and register if you are doing so.If not register then it witnessed by two witnesses.

Go to www.vakilno1.com/wills/Types-of-Wills.php
https://www.vakilno1.com/froms_html/will.html
Download the form .

C Nadarajan (Advocate)     09 October 2010

I agree fully with M/s Advocate Archana and Kushan Vyas.

For your next point:

Kindly get  the legal heir certificate from local Tashildar where your father-in-law was residing and apply for succession certificate for the legal heirs of deceased in respect of moveable and immoveable properties left behind by the deceased. in proper civil court.

Navaneetha Krishnan (Junior lawyer)     10 October 2010

if the will is registered then it has to be probated in the court

Nayan M. Chavda (Advocate)     11 October 2010

11th October, 2010

Namaste,]

Dear Friend,

You can draft your will on any blank paper even if you draft your will in the back leaf of the bus ticket it also considered a will. There is not necessary registration of will.

 

 

 

Rajshree Jhawar (Proprietor)     11 October 2010

Thanks. I would also like to know that if a person has made 3 or 4 wills, which one will be held valid upon th persons death. does a regd will hold over an unreg. will.

G.Padmanabhan (Advocate)     12 October 2010

The last will and testament in point of time will prevail over earlier wills

TUSHAR SUMAN THAKER (ADVOCATE)     12 October 2010

As regards your present problem, since the person has expired without making a Will, the only option is to apply for Succession Certificate from a Court of Competent Jurisdiction as regards his movable properties which includes Fixed Deposits, Money in Bank Accounts, Posta Offfice Savings, Shares and Debentures, Car etc.

For immovable properties such as land, building, flats, offices etc. no succession certificate is required as the legal heirs entitled to inherit automatically becomes the owners of such property in accordance with their right of inheritence.

For future, if any living person wants to make a Will, it can be made on a plain paper, no stamp paper is required, and the Will need not be registered. Two Witnesses are required to sign the Will as Witnesses. However what is important is that the intention of the testater (person making the Will) should be very clear and unambiguous and should be esily capabkle of being understood. So therefore one can make the Will oneself, it is always better to take the help of a legal professional so that the Will is drafted in an unambiguous manner and all the properties owned by the testater is included in the Will

Tushar Thaker tsthaker@rediffmail.com


Vikas Goyal (Corporate Lawyer)     13 October 2010

Few more tips on the valid Wills.

-       Will is a document acknowledging the transfer of right in the property or bequeathing the property after the death of the person. But must be made during the lifetime of the person. 

-       Advisable to get it registered, though not necessary. 

-       No stamp paper required – it can be on simple plain paper. 

-       Will can be modified and replaced and therefore the last Will shall prevail over all other Wills.

-       Witnesses are necessary – 2 in numbers.

-       Proper descripttion of the property is essential.

Vikas Goyal

Corporate Lawyer.

 

 

R.Ranganathan (Director)     02 November 2010

I agree with Mr. Vikas Goyal.

EM Nair (Finance Manager)     15 November 2010

Hi, Is it better to execuve separate Wills to bequeath multiple properties (such as flat / Immovable properties) to different legatees, or include the details in one combined Will ?
Dan

Adv Archana Deshmukh (Practicing Advocate)     15 November 2010

One single Will is sufficient.

girishankar (manager)     30 November 2010

hmmmm

EM Nair (Finance Manager)     07 December 2010

What is the best "wording" one could use to bequeath co-owned properties, eg where I co-own an apartment with my spouse?


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