Will
shanmugman
(Querist) 19 June 2013
This query is : Resolved
How a WILL can be written? do we need to write in a bond paper?
is it necessary and safe to register a WILL
ajay sethi
(Expert) 19 June 2013
no . not necessary to write on bond paper . regsitration is optional
R.K Nanda
(Expert) 19 June 2013
u can write it on plain white paper.
best is to get it registered.
Dr. Jyothi Vishwanath
(Expert) 19 June 2013
Will can be written on a plain paper. It can be registered or unregistered. All is the wish of the maker of the Will. But attestation of the will is compulsory.
shanmugman
(Querist) 19 June 2013
Where to get the will attested? what does attestation of a will mean? How to get the will attested?
ajay sethi
(Expert) 19 June 2013
it has to be signed by testator in presence of 2 witnesses
Dr. Jyothi Vishwanath
(Expert) 19 June 2013
Attestation of a will is usually done by two witnesses who have seen the maker of the will sign and then have signed the document as attesting witness.
they can be any two persons but should not be persons who are taking benefit under the will.
Rajeev Kumar
(Expert) 19 June 2013
Nothing left for further addition
shanmugman
(Querist) 19 June 2013
Say if a will is made and then attested and then it is also registered now to whom should the will be provided for making it judical(like it should presented to any justice in any particular court etc)
Dr. Jyothi Vishwanath
(Expert) 19 June 2013
What do you mean by making it judicial. Can you clarify. Will does not come into operation till the death of the person. SO it cannot be produced in any court till the person dies.
shanmugman
(Querist) 19 June 2013
Thanks Experts for your reply. after the death of the person who has written the WILL and on producing the WILL to court what will the court do?
Do we need to produce to court through a lawyer or how this can be done? please explain
Dr. Jyothi Vishwanath
(Expert) 19 June 2013
After the death of the testator (one who makes the will), application has to be filed under indian succession act, 1925 for appointment of an executor if the will does not appoint any executor. The applicant can get himself appointed as executor, obtain probate from the court and execute the will.
Then the terms of the will are executed practically.
Adv Archana Deshmukh
(Expert) 19 June 2013
If you are residing in a city where probate is compulsory then, only you need to obtain a probate first. Otherwise there is no need to produce the will in the court and the property ownership can be transferred on the basis of the Will itself.
shanmugman
(Querist) 19 June 2013
Experts, Thank you so much for your kind replies. this is a wonderful site with gud advocates, lawyers etc. thanks again
Raj Kumar Makkad
(Expert) 22 June 2013
You have adequately been advised by experts and thanks for praising to the site and the experts.
ajay sethi
(Expert) 22 June 2013
thanks for your appreciation
