anil (other) 09 March 2013

Who can execute a will

hi all,please clarify the below doubts

a women got a share from her (late)father self-acquired property through a partion suit from court

1)how to treate this property (ancestors property....or any other type) to her?

2)can she is valid to execute a "will" on this property ?

3)is it valid to execute a will on this property other than their heirs?

4)is this property valid for a gift deed?

5)after execute a will(let say this is my last will)....then after, can she is valid to execute another will(last will)

thank u all.

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4 Replies

DIVAKAR P (JCJ) 09 March 2013

To my knowledge

1) Ans. Once she get the property in partition, as a succesor to her father, cerainly that property will termed as ancestral but not self acquired.

2) Ans. She is entitled to execute the will for her sahre only, becasue it is the ancestral property.

3. Ans ) For her share, she can execute the will even excluding her heirs. That is the golden rule of the will

4. Ans) She is certianly execute gift deed for her share only.

5. Ans) Till her death she will execute any no.of will....... the last will, will have probative value. First will is the will....... remaining will become codicil ( will )....... just techinically it is called as codicill.

My Observatios are open to criticism. If i did any mistake pardon me.

anil (other) 09 March 2013

thank u divakar

please clarify this one

6)once she execute a will favour to her legal heirs/other,and after that can she had rights(sale,gift..etc) on this share(property) to do anything during her life time

thank u.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 09 March 2013

Mr. Anil, Please read the following to know every thing about WILL.

Review the will carefully. A will is the last word of the testator, or author of the will, regarding how his property should be distributed upon his death. The testator should totally agree with the terms set forth in the will.

Sign the will. The testator should use a blue ink pen to initial and number the pages of the will in the side margin of the document (e.g. if the testator is Diane Smith, she would write "ds #1" in the side margin). This step helps ensure that a different page cannot be substituted after the testator has signed the document. The blue ink helps verify that the document signed is the original document and not a photocopy. The original will should be filed with probate court at the time of the testator's death.

Depending on the form used for the will and the requirements for the state in which the will is executed, the testator must sign at the end of the will and again at the paragraph where she confirms that she is of legal age and mentally capable to make a will. The testator must sign the document in the presence of two witnesses and a notary public.

The witnesses should sign in the presence of the testator, notary and in the presence of each other. Some states require that the witnesses provide their address in case the validity of the will ever comes into question and the witness could be called to testify regarding the competency of the testator. The witnesses are swearing that the testator understood the will and was mentally stable when she signed the will.

The notary then signs the last paragraph of the will, which is an acknowledgment section. The notary is swearing that he saw the testator sign and the witnesses sign and that everyone appears to be mentally stable and under no duress to sign the will. An act done under duress is an action done under a use of force or undue influence, and a will executed under duress is invalid.

Finally, the original will is given to the testator with instructions to keep the will in a safe place with other important documents. Some testators choose to tell the executor of the will -- the person whom the testator chooses to execute the will upon her death -- the location of it so it may be filed with the proper court upon her death.