Procedure for registration of will & documents
DARSHNA
(Querist) 10 March 2013
This query is : Resolved
thanks to all
hi,
Adv Prabhakar Singh,
I give the details.
He having a flat of SRA scheme which has been transferred in his name after the death of his wife.
He got O.C. in the year 2006, his age is approxiamately 74 years. He is having one son and one daughter, both are married. his daughter is having one daughter, and his son is having one son. He already gave some money i.e. about 1-2 lakhs to his daughter out of love and affection, but he does not have any proof of it.
Now he wants to transfer the said flat in the name of his grandson, i.e. his son's son, who is of 20 years of age and he wants to transfer it as soon as possible, b'coz he already had two attacks.
Now, as the flat is of SRA, he can't transfer it for 10 years, so my question is can he make the will in which he bequeath his flat in the name of his grandson, and what is the procedure he required to follow to registered the will and what documents he required for the same.
Please guide me
thanks
darshna
prabhakar singh
(Expert) 10 March 2013
Your query suggests you do not know what to ask?
Then better is that you tell facts straight way as who want to write the will?
What properties he owns?
What is his age?
In whose favor he wants to write will?
Then I shall be able to guide you more properly.
Raj Kumar Makkad
(Expert) 10 March 2013
The person making the will should be owner of the property to be willed by him and he needs to mention about the details of the same in that will. It shall be better if a medical officer becomes a witness to the will so as to certify his mental and physical condition at the time of will. It depends upon the person making will whom to make executant of the will.
Lawyer can also keep the will under his possession and there is no legal hurdle if the same is also retained by beneficiary.
Devajyoti Barman
(Expert) 10 March 2013
You better engage a local advocate and take his help.
Kuummaar AS
(Expert) 10 March 2013
The procedures to execute a will is governed by the Indian Succession Act, 1925. There must be TWO witnesses. Neither of them can be a beneficiary under the Will, nor the husband or wife of a beneficiary.
Although a will is not required to be registered, a registered will is better than an unregistered will. The will can be revoked at any point of time.
There is no prescribed form of a Will. In order for it to be effective, it should be properly signed and attested. The Will must be initialed by the testator at the end of every page.
A will can be written in any language and no technical words need to be used in a will, however the words used should be clear and unambiguous so that the intention of the testator can be known easily.
