procedure for making a will
deepika menda
(Querist) 14 January 2011
This query is : Resolved
Can you pls give me the simplest method of preparing a will.
Also is it possible to make a will for a property in litigation.
adv. rajeev ( rajoo )
(Expert) 14 January 2011
simplest method of writing a will is that will should be very short with details of the property to be given in gift. It requires attesting wittnesses signatures and scribe of the will.
A V Vishal
(Expert) 14 January 2011
A will is ambulatory and revocable during the lifetime of the testator who makes the will. It comes into force immediately after the death of the testator.
What is essential is the mental capacity of the maker while executing the will.
He should execute his will without any influence from any quarters.
He should have strong will and mind while making his will. It is his will and he can will away his properties as he likes.
The procedure of making the will that is legally valid is very simple in India as compared with many other countries of the world. You can make the will on plain paper in India. It is not necessary to make the will on judicial or non judicial stamp paper in India. You can get the will typed on a plain paper. However, it is advisable to write your will in your own hand writing as the same can be verified later in case of any doubts raised by the relatives.
You have to declare in the first paragraph of the will that you are making this will in your full senses and without any kind of pressure. It is essential to list out all your assets in the will, item by item, which you own.
The approximate current values of the house, land, or any other property should be clearly mentioned in the will. After listing out of all the assets like bank fixed deposits, postal investments, mutual funds, share certificates owned by you, you must indicate where all such documents are stored by you. Mostly, such critical documents are to be preserved in the bank safe deposit box. I would advise to keep a hand written record in a special diary that may be stored safely away from other routine documents.
Amit Minocha
(Expert) 14 January 2011
1) be simple in language ,
2) mention complete name of testator,
3) mention exact details of property / assets with respect of which it is to be framed
4) proper correct names of proposed Legal Heirs / Beneficiaries
5) two attesting witnesses
Ans to query no.2 yes but it will be valid only subject to the condition that the ownership comes to testator as an end reslt of litigation
R.Ramachandran
(Expert) 14 January 2011
Dear Mr. Gulshan,
I notice that in as many as 85 (if not more), that too of 2009 old threads, you have taken pains to comment "No one answered the query, pity!!! I am not having time these days will be back to LCI after 18th and then only can answer the same."
Instead of wasting time to write the above 85 comments, I would have appreciated if answer was given by you in at least one thread.
There are other threads where you simply opened, just as the present one, and I presume that you could not even find time to repeat "No one answered the query, pity!!! etc. I understand you are too busy.
But I also find that instead of answering the earlier threads, you found time to answer in some new threads.
Is there any specific reason for doing so?
Abhishek Marvi
(Expert) 15 January 2011
follow A V Vishal clerification
Guest
(Expert) 15 January 2011
SIMPLE STATE ADDRESS AND ENTER THE DETAILS TO WHOM THE PROPERTY HAS TO DEVOLVE AND THE DETAILS OF PROPERTY. BETTER WRITE IT BEFORE TWO WITNESSES AND GET IT NOTARISED. IF YOU HAVE TIME GET IT REGISTERED.
Sri Vijayan.A
(Expert) 15 January 2011
I am afraid to give you any simplest form, if u r not a lawyer.
bcoz, Will is an easiest instrument to write/ execute which does not need any tough formalities
at the same time Will is the document which is easily challengable and the executant can not come back and explain what was in his mind at the time of writing the Will.
So a Will need clear wordings. As such, a Will can be executed after specifically consulting a Lawyer
V.Mahadevan
(Expert) 16 January 2011
To put succintly,a Will providing for the disposal of property after his/her death, can be made by an adult(18 years of age)of sound mind,ordinarily in writing, signed by him/her, in the presence of two attesting witnesses.On a sheet of paper. Involves no expense.
Property in litigation cannot pass as the same is not capable being bequeathed.
mahadevan
R.venkatesh Naidu
(Expert) 21 January 2011
the person who made will, he is to be in good mental condition. if anybody act as coercion,compulsion, threaten to the person who made will,it is invalid.
free consent, no consideration, if any condition arise or not,simple form, easy to know, the name of the person who enjoy the will poperty has been mentioned expressly,
the most important is two number of witnesses should see the person's signature that who made the will, after the above said two persons must be signed as witnessess for in that will
