REQUIREMENTS OF MAKING THE WILL AND ALSO IF ANY LEGAL PROCEDURE INVOLVED

adv fauzia azim (Querist) 22 August 2008 This query is : Resolved
HELLO FRIENDS,
PLEASE LER ME KNOW IF A WILL CAN BE MADE OUT IF THE PROPERTY IS TENANTED,AND RENT CONTROL ACT APPLES TO IT(BOMBAY R ACT).ALSO DOES IT HAVE TO BE MADE ON A STAMP PAPER?AND CAN IT BE REGISTERED BY A NOTARY?WHAT ARE THE OTHERREQUIREMENTS OF A WILL?LOOKING FORWARD TO AN EARLY PEPLY,THNKS IN ADVANCE.

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Guest (Expert) 22 August 2008
It cannot be made on a property which is not owned by you. You should have definite ownership rights to the property which you want to bequeath by a WILL.

No stamp paper is necessary.

It cannot be registered by a notary. Registration should be with the sub registrar.

The property you want to bequeath should be under your contro; as a owner.

Just write the WILL in a clear language and good detail and sign it in presence of two witnesses. Registration is optional.

R.VENKATESAN (Expert) 22 August 2008
Any person can execute a Will with respect to his properties viz. both movable and immovable properties. The Will need not be required to engrossed in stamp paper. The Will can be prepared in thick sheet. It requires two witnesses.The Will has to be signed by the Testator/Testatrix in each pages. Even if the property is leased out and the tenant is occupying, the will can be executed. The registration of the Will is optional. It is enough that the Will be attested/witnessed by two witnesses. If it is registered before the Registrars office it will have more authenticity at a later stage.

Srinivas.B.S.S.T (Expert) 23 August 2008
Hmmmm My friends left nothing for me to say. Detailed and perfect replies by friends.

adv fauzia azim (Querist) 23 August 2008
THANKING MR KOTRESH M G.,MR R .VENKATESH,AND MR SRINIVAS FOR HELPING OUT WITH MY QUERY....

SANJAY DIXIT (Expert) 01 September 2008
Well said by Mr Kotresh & Mr Venkatesan.

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