LEGAL PROCEDURES TO MAKE A WILL IN INDIA

AUTHOR: RIYA LUHADIA

INTRODUCTION

A Will mainly aims at the disposition of property and it is being made according to the wishes of the testator. In simple terms, it means will is a document where one lays down exactly how they want to distribute their property and to whom they want to give it. The property includes both movable and immovable.

WHO CAN MAKE A WILL?

  • Will can be made by an adult in respect of self-acquired assets and property.
  • Joint Family and Hindu Undivided Family property cannot be willed, even by the Karta. A valid will should have been made by a sane adult, in good disposing state of mind without any undue pressure and force.

LEGAL PROCEDURE FOR MAKING OF A WILL

One can write a will is simple and unambiguous language so that it can be easily understandable by the people. There are several steps that are to be followed for making a will[1]:

  • The first and the foremost step are to declare in the beginning that you are writing this in your full sense and without any force. There should be a proper name; address and age should be mentioned so it confirms that the one making a will is in the full senses.
  • The second step is to give all the details regarding the property and documents like what all items the person is having and their current values, bank details, mutual funds everything has to be mentioned and also mentions the place where these documents are stored. The will should also be stored in a safe place and that should be communicated with the family members for the purpose of safety.
  • Then all the details regarding the ownership have to be mentioned like in what proportion the assets have to be divided, who will own that. In case of the minor custodian is to be appointed who will take care of property till he attains majority.
  • The last step is to sign your will. After carefully writing the whole will the last step is to sign that in the presence of two independent witnesses who will sign after you so that they will be the witnesses for signing and certifying that the will has been signed in their presence. With that place and date of signing should also be mentioned. The witnesses and you have to sign all the pages of the will. And also while choosing the witnesses one should always keep in mind that they should not be the direct beneficiary in the will and should be friends, neighbors, and colleagues.
  • The will is put in the envelope which is to be signed and sealed with the proper date mentioned after completing all formalities. Witness not need to sign only the one whose will is that has to sign[2].

A will is important because a properly drafted and legally valid will clearly indicates how one’s saving and possession passes on after death to the people and causes one loves and cares about.

  • A will is needed because it ensures that the property is distributed properly and to the right people after the death.
  • To talk about one’s wishes is not enough. It is important to put these on paper clearly that hoe one’s wishes should be carries out after death.

REFERENCES

  • Sanjiva Row’s, The Indian Succession Act, 1925, ed.Prafulla Pant (seventh edition,Butterworths, New Delhi, 2000
  • “Law of Wills in India,” Free Essays – PhDessay.com, 14-Jan-2017. [Online]

OTHER REFERENCES

[1] Sanjiva Row’s, The Indian Succession Act, 1925, ed.Prafulla Pant (seventh edition,Butterworths, New Delhi, 2000

[2] “Law of Wills in India,” Free Essays – PhDessay.com, 14-Jan-2017. [Online]

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