Will
sushil tagaliya
(Querist) 04 November 2009
This query is : Resolved
Respected sir,
i want to know how a will can be executed what is its legality. is there any speical provision regarding will in the law.
please guide me how to execute a will in resect of agriculture land situated in Haryana in favour of sons only so that it cant go to the the doughter of executants doughter.
is it sufficent to put thumb impression/or signature of executants on a plane paper so that sons of the executants use it when they need of it.
Raj Kumar Makkad
(Expert) 04 November 2009
Sushil Ji! If you are an advocate then I suggest you to go through Transfer of Property Act which contains whole of your quarry as well as other laws relating to our day to day work qua transfer of property. Even then if yu find any problem let me know personally as I also live in Haryana.
A V Vishal
(Expert) 04 November 2009
Sushil
You did not mention the nature of the property viz is it self acquired or ancestral. A will is possible only incase of self acquired property.
’Will’ means the legal declaration of the intention of the testator with respect to his property, which he desires to be carried into effect after his life time.
What is essential is the mental capacity of the maker while executing the Will.
He should know what he is doing and declare that it is his last Will and testament.
He should execute his Will without the influence of any other person. He should execute it out of his own volition.
In other words, he should have a strong Will and mind while making his Will.
It is his Will and he can Will away his properties as he likes.
There is no format for making Wills.
What is required is that it should not be vague of ambiguous. The intention of the testator should be clearly mentioned and formalities of attestation should be meticulously observed.
A Will becomes invalid if:
It is not attested by witnesses by as required by law;
Any bequest is made by the testator to the to the attestor to the Will;
The intention or declaration of the testator is vague or ambiguous;
The Will has been cancelled and the Will has been executed by a person not qualified to do so
It is mandatory. At least two witnesses should attest a Will.
“Attested†in relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses, each of whom has seen the executant sign or affix his mark to the instrument.
In other words, the witnesses, who sign as witness, should see the person signing the Will in their presence and each of them signing in the presence of each other and in the presence of the testator, who declared the instrument as his Will.
