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T__________DAS (NA)     26 May 2018

Will

My father is approx 75 years old and wanted to write a will for property and assets. Can he write down his own will in a simple A4 paper? or do we need to go for any legal notary paper. Please guide the process and also as a witness can I and my brother sign on that paper?



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 7 Replies

R.Ramachandran (Advocate)     26 May 2018

The WILL can be written on a plain paper.  It has to be witnessed by two persons  The beneficiary from the WILL cannot be the witnesses.

Normally the WILL is getting written with the help of a lawyer, so that no problem is created in future.

1 Like

Adv Deepak Joshi +917017821512 (Advocate)     27 May 2018

Valid Will can be written on paper, two witness are required other then that no other requirements.

Kumar Doab (FIN)     27 May 2018

Which personal law applies in your case?

Or are you all Hindu?

The said property/assets seem to be both immovable and movable assets!

The property is in which state?

Is your father healthy and has sound mental health...................(to understand what is being disposed off).

Confirm!

Kumar Doab (FIN)     27 May 2018

The WILL has just to be valid and need not to be notarized.

The WILL can be on plain paper and if your father can write legible he can even write IT by his own hands in his own handwriting.

If your father and well wishers and PIP know to your father are confident IT is not mandatory for the WILL to be drafted by a Lawyer.

Moreover if the Lawyer is not trustworthy avoid such Lawyer.

A lawyer that cannot be trusted for WILL must not be trusted for anything.

Avoid beneficiaries to be witness in WILL.

A trustworthy lawyer and doctor as witness in the WILL are better.

In case of registered WILL many hostilities can be easily taken care of.

 

Kumar Doab (FIN)     27 May 2018

IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

It is not mandatory to probate the WILL in other areas.

It is not mandatory to register the WILL. However WILL  may be preferably registered. The registered WILL is not easily set aside atleast on counts of authenticity. And in case witnesses tend to be hostile or also deceases the interest of beneficiary (ies) remain protected.

There are many threads on similar query that you can SEARCH in SEARCH option in threads, Articles, Files etc etc at LCI also e.g;

GO thru;

https://www.lawyersclubindia.com/forum/Digital-will-vs-registered-will-178876.asp

https://www.lawyersclubindia.com/experts/Regarding-will-459536.asp

https://www.lawyersclubindia.com/experts/what-happen-if-beneficiaries-of-will-predeceased--663796.asp

 

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

If a qualified doctor say; Psychiatrist, certifies that testator is of sound mental health IT is better.

If clear descripttion of boundaries is given in WILL to dispose immovable property IT is better.

 

Kumar Doab (FIN)     27 May 2018

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

Check locally to understand the procedure and and to comply with procedure.

Kumar Doab (FIN)     27 May 2018

Approach your own another very able LOCAL senior counsel of unshakable repute and integrity specializing in testamentary/civil  matters and well versed with applicable rules/laws and having successful track record…. and worth his/her salt..and that  you are HIndu .....and can beneficiary be witness in the WILL......and hazards with WILL as planned by your father..


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