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pitu pitu   06 January 2022

Will of physically handicapped person

Want to make a Will of a bedridden person who cannot go to Registrar Office. Can she make a Will on Stamp Paper (Amy.500 or 200).. I require Draft of Wil and procedure to be followed and who can be witness


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 3 Replies

Real Soul.... (LEGAL)     07 January 2022

No need to register will or to write on any stamp paper; If u use stam paper that is ok. WIll has no draft it is a wish, a desiere , a say which one want to express in written words. Just write the will with descripttion of subject if it is property then describe it. If any bankig or financail things then mention banks name and acccount numbers and all all that. 

Ensure you have witness to  sign the dcoument and keep that ; of if you feel satisfied to register the will then you can request sub-registrar office for appoint of commission for taking statement of testator; or request registrar to register will on spot resoning inability of testator.

In any way a will written on any plane paper or stamp paer, whether registrerd or not makes no differnace; Just need witness

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 January 2022

One could write a will by themselves as well but following points should be considered while preparing the will format:

  • Personal Details. ...
  • Details of Assets & Beneficiaries. ...
  • Signature. ...
  • Signature of Witnesses. ...
  • Executor's Details. ...

Anaita Vas   07 January 2022

Firstly, all the essentials of a will need to be adhered to. 

It is advisable to consult your family lawyer before drafting the will. A will can either be drawn by the testator or through her lawyer.

 A will is executed by ensuring the signature of the testator in the presence of the two witnesses and their signatures as well. 

It would be beneficial if a will is registered and properly stamped as it helps in ensuring proper execution. 

For starting the process of execution of the will, a Probate in India needs to be obtained from the court. A Probate of will is a legal certification of the genuineness of the will. It can be obtained by filing a petition before the court along with a schedule of the property and annexing a copy of the will to the petition as well. It should be expressly prayed to the court to grant probate to carry out the intention of the testator.

There need not be the involvement of a stamp paper but you can utilize one if you deem necessary. I have mentioned the procedure of drafting a will above.

 

Regards,

Anaita Vas

 


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