My mother wants to make a will. Can someone guide on the process for making a legally valid and tenable will? Does the will have to be registered?
Fight for justice (manager) 04 June 2014
My mother wants to make a will. Can someone guide on the process for making a legally valid and tenable will? Does the will have to be registered?
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 04 June 2014
Any 'Will' which is made by a person of age of majority (i.e.18years or more), the person is of fit mental status i.e. is not suffering from any mental illness (should be medically examined & certified about fit mental condition by a qualified medical practitioner/doctor at the time of making the ‘Will’), The 'Will' should be written , mention full details of the Testator , signed (or having the thumb/fingers impression in case if illiterate person making it but is aware of the full contents of the 'Will') & witnessed by one or more adult person in whose presence the 'Will' is signed by its Testator & who sign it in presence of the Testator. It is always advised that the name of the executor of the 'Will' should be clearly mentioned with all the details about such person & any benefit which he or she gets out from the property of the Testator for this work as an executor of the 'Will'. The name & details of all the beneficiaries identifying clearly the share in the property of the Testator should be mentioned to avoid any future dispute. The name & details of any person related to the Testator who he or she wants to debar from enjoying any of his or her property which of which the 'Will' is made should also be mentioned to avoid any conflict any such dispute by these relatives at the time of Probation of the 'Will' in the court, rather the intention of the Testator becomes clear with regard to the property which he or she doesn't want to devolve on to any particular person who has been named in the list of debarred person in the 'Will'. When I say details of the Testator or any person it means the full name, parentage, age, address of the usual place of residence & any other detail that will identify the person named therein. The full details & identification of all the properties which the Testator owns, is in his or her possession or is expected in future & which the Testator wants to be transferred in this manner after his or death should be mentioned in the ‘Will’ to avoid any dispute on this regard amongst the beneficiaries. The 'Will' should be got either properly Registered by the Registrar/Tehsildar/SDM of the District where the Testator usually resides or this can be kept in the custody of the Registrar as provided under the REGISTRATION ACT, 1908 for "Deposit of Wills" . These are the important points one should take care while making a 'Will' in India.
Laxmi Kant Joshi (Advocate ) 04 June 2014