A Will must be made in order to decide who should receive your properties after your death. Making a Will avoids many future legal troubles and fights within the family. A Will also states how the property should be managed, thus leaving out ambiguities. It is also used to make sure that your children are taken care of as a guardian for them can also be appointed by way of a Will. Thus a Will is the best way to ensure safety and financial security for your family and loved ones.
Although you can draft your own Will, it is important that you hire a lawyer as a first step he/she can ensure a smooth process with all details and information that should be put within a Will. A testator should first of all prepare his/her mind on how the property is to be managed and distributed and then put it on paper. Another option is to make a Will on your own and then get it checked by a lawyer. Once the Will is drafted, it should be signed by you and 2 other witnesses. After this, if you wish to make your Will even more secure, you should get it registered.
Will in India is governed by the Indian succession Act 1925 for all religions, except Islam. Anyone above the age of 21 can make a Will. A Will can be registered and although it is not a necessary step, it has several advantages. A registered Will is more secure as it cannot be tampered with, lost or stolen easily - it is kept in safe custody by the Registrar.
It is important to hire a documentation lawyer in order to draft your Will as such an important document must be absolutely clear and unambiguous. A lawyer will be able to draft your Will smoothly - with all the necessary information that must be included in a Will, thus helping in avoiding legal and mental battles for your family after your death. Hiring a lawyer from the beginning is especially important if you have many assets and require assistance in ensuring that your complex wishes regarding your estate(s) are put on paper seamlessly and absolutely clearly.
A will is a document used by an individual, called the testator, to indicate how his assets are to be distributed after he dies. In other words, it is a legal instrument specifying the method to be applied in the management and distribution of a person's estate after his death.
How is a Will different from a Gift Deed? I want to give a property to someone in my blood relation. Should I give it through a Will or a Gift Deed? What are the procedural differences and what is better?
It is important that the donee should accept the property gifted to him. A gift deed is drawn during the lifetime of the donor. If the donor dies before the gift deed is accepted then, the gift deed becomes void. It is important that the property you are donating as gift deed is earned by you or is a part of your ....ReadMore
Dainik Bhaskar has launched a pan-India reader engagement initiative titled DB Vasiyat (will). In an announcement yesterday, it said that all the editions of Dainik Bhaskar, Divya Bhaskar and Divya Marathi will take part in the programme that will begin from July 5.
These bank lockers will also be published in the editions separately on July 4. A participant can put only five items in each locker. The format will include the picture of a locker and five different empty picture spaces, where the cosnumer can paste the images of the items he has cut from the paper.
If the reader's count of items in a particular bank locker matches with the organizer's format, the participants stand a chance to win a plot of land and a car among other significant prizes. The activity will be executed across the Dainik Bhaskar markets.
Vinay Maheshwari, senior vice president, sales and market development and brand management, Dainik Bhaskar Group, says, "Planning this event has been truly exhilarating. DB Vasiyat is a game of probability and luck for participants to pick the exact same bank locker and items to win the grand prize."
DB Corp publishes eight newspapers with 67 editions and 199 sub-editions in four languages (Hindi, Gujarati, English and Marathi) across 14 states in India. Its flagship newspaper Dainik Bhaskar (in Hindi) was established in 1958. Some of its newspaper brands are Dainik Divya Marathi, Business Bhaskar, DB Gold, DB Star and DNA (in Gujarat, Rajasthan and MP) on a franchisee basis.
The above draft is just a sample Will. Kindly remember that there is no standard proforma or format for drafting a Will. It is always better to write an exhaustive Will. You may consult a Legal expert (or) consider utilizing the services of online Will writing providers.
Hand over self-certified copies of the Registered Will (if any) to all banks where the testator has accounts, lockers etc. iv. Hand over self-certified copies of the Registered Will to more than one friend, family member etc.
I reside in a society building with my parents and wife at Churchgate, Mumbai. My aged parents are the owners of the flat and garage (now converted into office) jointly. I am the only son and my parents have added me as a 100% nominee with society. My question is after their demise, will the flat & garage automatically be transferred in my name by society after the due process. What will be the process? Do i need to prepare a will and get the same probated to transfer the property in my name? Or will getting into a Gift Deed now itself would be a better option? Is a will or a gift deed required to transfer the property after demise of my parents or the same can be done by society without it? I do not want to pay 3% stamp duty + 1 % metro cess for probate of will or gift deed. It does not make sense to shell out so much expense for my parents flat. Please advise.
Dear DK,
Considering your preference and profile, you can get a simple Written WILL done by your parents.
Kindly note that the registration of will is not mandatory.
As you are the sole legal heir, you can submit the WILL and necessary proofs (in future) to the society and get your name registered with them (society).
We have three immovable properties in joint names without specifying our shares. We also have investments in FDs and mutual funds. We have two children, both married. We want to give one immovable property to our son and everything else to our daughter through will because the son is quite well off. Can we write a joint conditional joint will that the survivor will retain authority to modify or rewrite the will if necessary. Or we should write two separate single or joint wills specifying share of each as above. Thanks. Ghansham Dass.
However, since Section 59 of the Indian Succession Act 1925, inter alia, requires that the person making his/her Will should be of sound mind, as a precaution against challenges to the Will on the ground that the testator/testatrix was not of sound mind at the time when drawing up the Will, sometimes (and especially when the person executing the Will is a senior citizen), a certificate of a doctor is obtained certifying the state of mind of the testator
My wife and myself are owning shares in Demat account jointly and we have nominated our children as nominees. Likwise we have invested in Mutual Funds with joint names with children as nominees.
1.Whether the shares automatically goes to the survivor or not. Can nominees object to that.
2.If in the Will, it is mentioned that the shares should go to the spouse on other persons death and whatever remains after the death of the survivor, the balance should go to children(nominees). Whether is it ok and Will is valid.
Maybe I wrongly mentioned ancestral property. That house was purchased by my Father in-law himself from his own money and was not inherited from his parents. Secondly, I had heard that there is a certain time period within which any claim has to be made, otherwise it gets Time -barred and then nobody can stake any claim. The house in question was sold 7 years ago and no written or informal claim has ever been made for a stake from the proceeds of its Sale.
Sorry, it is my Father. Moreover, the house had been sold 7 years ago itself and thus cannot be construed as Self-occupied by me. The money from its sale was used by me for buying a flat in my name alone and I stay in this flat, after adding 35% amount from my side as well. Do you have any comment on claims getting Time-barred. And can the Executor also be one of the Witnesses.
Hi Sreekanth,I was married for 3 years after that me and my wife are staying seperately. my wife didnt gave me divorce.My divorce petition was dismissed by district court saying no strong reason to give divorce.In divorce case also I paid interim maintainance and then she files MC even for that I am paying maintenance. Its been 11 years my marriage happened and been 8 we are not together.I have son and daughter was born after she left home and said she was carrying at the time leaving the home. I dont have hope that we again together.My wife and her parents are fully money-minded.My wife simply saying I dont give divorce do what ever u want saying I have kids and not divorced hence after your death whatever you have property all come to us. I knew she ruined my life just thinking i have property.So i dont want my single penny to go her or her kids. Kids are no way in touch with me. I want to write WILL to donate to any charity. Is this valid or only kids are leagal heirs?I am feeling so tense and dont know my future so planning to write WILL. Please suggst atleast I feel satisfied that after my death my wife or kids dont get any of my own heard earned property also I dont have any property from my father.
My father has passed away 20 yrs back. Further 3 years back my mother has transferred her share in the house to her younger son without knowing anything about will. Now we have come to know to about will which is on plain paper and signed by my father and 2 witness as well.in which he has transferred the property fully to my mother. Can we use this will to transfer the property to son fully.
c80f0f1006