Creating Will
Arun
(Querist) 29 April 2009
This query is : Resolved
I would like to know the procedure for creating a will?
Can you suggest some lawyer based in Faridabad, Noida or Delhi who can help in this regard?
sanjeev murthy desai
(Expert) 29 April 2009
Dear Arun,
there is no special procedure to create a will. You can also write the same in common language.
But it has to be signed by presence two witnessess and it has to include declaration as that the "cancellation of earlier wills and it is the last will of testator.
Registration is also optional
adv. rajeev ( rajoo )
(Expert) 29 April 2009
There is no particular producedure to write a will.
The testator must be in sound mind while exeucting a will.
It is better to have the wittnesses who knows the testetor very well. Doctor is the better person as a wittnesses. In case of challenge of the will doctor can say about the condition of the testetor.
In a will it is necessary to write that " any will executed by me earlier to this stands cancelled" and it is also necessary to write that t" this is only will and I have not executed anywill in any bodies name"
Registration is not mandatory. Both regd., and unregd., will have got same value.
Jaswant Singh
(Expert) 29 April 2009
Registration of WILL is not mandatory. The point is that it must be executed in the presence of two witnesses and should executed in sound disposing mind without any undue influence and pressure. In case there is another WILL the last executed WILL be deemed to be final WILL
RAKHI BUDHIRAJA ADVOCATE
(Expert) 29 April 2009
My Ld. friends are absolutely right. U can contact me. My No. is 9871158578/9711364956. M Delhi Based, practicing in Delhi N Haryana.
Y V Vishweshwar Rao
(Expert) 29 April 2009
Mr Arun!
The suggestions of my learned friends are right
and
You can approach Mr Jaswnath Singh Advocate
or
Rakhi Budhiraja , Advocate
both are practicing at Delhi
Swami Sadashiva Brahmendra Sar
(Expert) 30 April 2009
my friends are right.it is advisable that you get the will registered. conditions of a valid will have been provided under section 63 of Indian succession Act,1963. for detailed discussion you may consult my book "The Indian succession Act, 1963" published by Premier Pub. Co.,Allahabad.
Arun
(Querist) 30 April 2009
Thanks for all the prompt replies!
Some related question:
1. When you say "You can also write the same in common language." does it mean that it can be written on a plain paper and the only requirement is to have 2 witnesses and the mandatory text that most of you pointed out?
2. Is there some recommended formats for listing the assets and assigning to heir? I am asking this because the language used could be ambigous and be challenged later, please correct me if I am wrong.
sanjeev murthy desai
(Expert) 30 April 2009
Dear Arun,
you asked good questions, well it can be written on a plain paper, and it must be have testator sign and signature at presence of two or more witness and their signature and adresses also necesary requirements...
please provide your personal mail id i will forward you will format ok
sanjeev desai
adv. rajeev ( rajoo )
(Expert) 30 April 2009
Sanjeev is right. In my opinion will should be short. Suppose will is challanged then wittness should say it correctly, If the will writes lengthly at the time of evidence it creates problems.
Swami Sadashiva Brahmendra Sar
(Expert) 30 April 2009
Dear sir,thare is no prescribed formate and paper. but, your doubt is genuine. whenever a will is challenged, the circumstanced leading to execute a will and thereby dprivation of rights of netural heirs, the relation between executant and beneficiaries, proximity of witnesses etc. become relevant. therefore every effort should be made so as to bring clarity in language circumstances, and terms of will. Pls also verify the latest local amendments in Registration Act regarding registration of wills.
Y V Vishweshwar Rao
(Expert) 30 April 2009
Yes the Will Deed should not give any scope for doubts and suspicous Circumstances , and it should clearly reflect the intention of the testator and all other factors as mentioned by Sri Tripati
