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Dilshad Merchant   11 April 2021

Making a Will

My father is very critical in the hospital, but he wishes to make a Will in which he wants to mention how his last rites should be performed....he is a parsi by religion but wishes to be buried after his the problem is that he is unable to make hand movements and this case will his thumb impression do ? if yes, what will be the procedure and how.....plz guide with a proper format.....I'll be obliged.....thanking in advance....🙏🙏🙏


 7 Replies

Dr J C Vashista (Advocate)     12 April 2021

Since your father is stated to be critical and admitted in hospital, he is mentally unfit to execute any will. 

May God bless him with speedy recovery and long life.

G.L.N. Prasad (Retired employee.)     12 April 2021

Explore the possibility of video recording if he is able to speak and decide.  You can obtain his signatures on the will in presence of Hospital doctors.  Let the will be signed also by two different persons, preferably from Medical field and known to him.  He has a fundamental right to state about his last rites. You can also obtain a declaration from hospital authorities stating that he is mentally fit to take decisions.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     12 April 2021

You may contact a local reliable and competent Lawyer to help you. If your father is although not able to sign, is able to understand what he is doing, it's better the his  thumb impression taken on t Will in the presence of Registrar, seeking visit to your father's bedside and complete the Will Registration. One condition is that your father should be in a clear state of mind and understanding what he is doing. This fact the Registrar should accept and permit Registration of Will. 

Amol Kende (No)     12 April 2021

you can record his statement through video in prEsence of advocate and doctor and all family members

GANDHI MOHAN BHARATI (Pensioner)     12 April 2021

He may be terminally be ill and not capable of signing properly. That does not necessarily mean he is mentally incapacitated. My father, who was a member of the Constituent Assembly of India, could not sign properly in his old age; the Bank Officer came and recorded his oral statement and I was authorised to sign in cheques on his behalf. He dictated a will and was written by my our neighbour, he affixed his thumb impression and it was witnessed by the neighbour who wrote the will, a Doctor who certified that he was mentally fit and only having a shaky hand and another neighbour. It was not even Registered. It was Registered post his passing away. It ws probated at the High Court of Madras. So it is possible

Dr. J C Vashista (Advocate and Legal Consultant)     13 April 2021

The testator is stated to be "unfit" to depose, hence attempt to execute a will would be waste 

GANDHI MOHAN BHARATI (Pensioner)     13 April 2021

The meaning of "unfit" must include mental incapacity

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