Property will question

YOU may not sign as witness.

Register the WILL before Registering Authority e.g. SRO.

Approach preferably your lawyer to draft the WILL.

Your father can WILL his share only from ancestral property. If property is self earned he can write WILL for whole estate. 

Your lawyer can appraise you on Do's and Dont's in detail and rights as per personal faith of your father e.g HIndu, Muslim, Christian................  .

Any deedwriter can also show specimen of the WILL, procedure and estimated expenses.

Sir,

With due respect to the Experts;  

A testator can make a Will only for the assets completely and absolutely owned by him.

[1] A Will can be written on a simple piece of paper properly dated, it need not be registered. It should bear the signature of the testator on all the pages.

[2] An executor has to be appointed for the execution of the terms of Will.

[3] Two independent persons should witness the Will.

[4] Beneficiaries can not be witness to the Will.

[5] It is imperative to state that the Will will come into effect only on the demise of the testator.

Good Luck,

Kishor Mehta

Duly registered WILL shall be better.

The expenses are not much.

Thanks all.

Just to clarify my father want to make will in my mother name not me.Can i sign that will?

It is always better to get the will in your name with signature of your mother as witness, as she may be also old and to avoid further problems of writing a will  by her etc.,

There is clarity in all posts, and it may appear to others that everything is not right as posted if inspite of the clear cut advice, member is chosing alternatives leaving the main issue raised by him.

You cannot be a witness to the Will in which you are a beneficiary.  Why do you undertake the risk, it is better bring some two known people and ask them to attest the Will as witnesses.

Witness should be from outsider and not from family members.

With due respect to the Experts;

Witness need not be necessarily an outsider, any adult family member can sign as a witness if he is not a beneficiary under the Will.

Good Luck,

Kishor Mehta

After the comments of Kishore Mehta, I have gone through a Book by name “Deeds and Documents” written by G.M.Divekar, where it was stated as follows:

A will can be attested by any person including a minor and even if he is a legatee or executor under the will.  See sec. 67 and 68 of the Indian Succession Act.

Hence, I will correct my opinion.