WILL
Sanjeev RS
(Querist) 03 August 2011
This query is : Resolved
I am a resident of Nashik City in Maharashtra. My mother needs to preparea will as she has to be operated soon.Some doubts: 1) Will needs to be prepared on Stamp Paper? 2) Does it HAVE TO BE registered? 3) Harmful effects if will is unregistered? 4) Is notarizing mandatory? 5) Should a will be prepared in English preferably or in Marathi as Nashikites prefer? Please advise & oblige. Very grateful. Thank you.
Advocate Rajkumarlaxman
(Expert) 03 August 2011
why take a chance it can be done in marathi or english until l and unless the matter in question should be very clear enough to will testaments. take the same before notary or register the same. anything can be workrd out untill and unless it satisfies your needs or otherwise by correct process of law move it further.
M/s. Y-not legal services
(Expert) 03 August 2011
1. No. Will need not to be in stamp paper. If its on a plain paper also its valid one.
M/s. Y-not legal services
(Expert) 03 August 2011
2.registration of the will not mandatory. If its registered one mean its will be strength. 3. Nothing like that. But its can be question if its not registered mean. So for avoid some unwanted situation should be registered.
M/s. Y-not legal services
(Expert) 03 August 2011
. 4. Notary attestation is not mandatory. Its just attestation purpose only. If its notarysed mean its no problem.
M/s. Y-not legal services
(Expert) 04 August 2011
5. English or marathi. Will can be prepared on any language. She time the testator should be know the knowledge in that language. Apart from this, two witness persons are must for confirm a will.
R.Ramachandran
(Expert) 04 August 2011
1) Will needs to be prepared on Stamp Paper?
Stamp paper is not necessary.
2) Does it HAVE TO BE registered?
Registration of WILL is optional, BUT ALWAYS adviseable since it will become lot easier to prove in later years.
3) Harmful effects if will is unregistered?
If unregistered, and if there is any challenge to the validity/genuineness of the will, to that extent it will become one has to take extra pains and efforts to prove the genuineness. In case of Registered Will, the process becomes a lot more easier and less difficult.
4) Is notarizing mandatory?
Notorising is not mandatory.
5) Should a will be prepared in English preferably or in Marathi as Nashikites prefer?
The WILL can be prepared in any language. There is no bar. BUT, THE PERSON WHO IS MAKING THE WILL SHOULD BE CAPABLE OF UNDERSTANDING THE CONTENTS OF THE WILL.
Sincere advice to you would be, get the WILL Registered it solves many problems.
K.S.Srinivas
(Expert) 04 August 2011
I totally agree with Mr.Ramachandran.
prabhakar singh
(Expert) 04 August 2011
I also totally agree with Mr.Ramachandran.
Ajay Bansal
(Expert) 04 August 2011
See A.I.R. Manuals.
Nagesh Rudrakanthwar
(Expert) 06 August 2011
Yes, agree with R.Ramchandre to avoide the aforesaid situation it is better to get it register the will & notarize it.
Sanjeev RS
(Querist) 10 August 2011
Sanjeev RS wishes to thank all the contributors to his query.Especially Mr.R.Ramachandran for his detailed and lucid reply to all 5 sub-queries. Thank you Sir. Very grateful.
Sanjeev RS
(Querist) 12 August 2013
Dear Respected and Eminent Lawyers, Sanjeev RS is back after two years. Once again I thank you for the wonderful replies I received two years ago about WILL.I am located in Nashik City in MH.
Now I move ahead.
1)) After making the WILL as advised, what is the procedure and timeline for the actual and final execution of the WILL?
2)) What is better a WILL or SUCCESSION CERTIFICATE after the death of the individual concerned in terms of gestation period and execution?
3)) My mother is now almost bedridden with old age related issues and neurological problems. Should I get a GPA Document done as she cannot come and sign if required. Should a GPA Doc be compulsorily registered with Stamp Duty etc as I have been told.
4)) There is a lump sum pension amount of my father lying with the Pension Authorities. This has not been cleared in my mother's pension account since 2009. Can I get some advice as to how to go about this. I need the monies very badly now and I too am a Heart Patient.
Please advise on all the above and oblige.
Thank you & Regards,
Sanjeev RS
