A will can be made on a piece of paper written in ink by hand. There was a case when a Maharashtra woman spoke her will in front of a video camera and finally courts passed judgments that such a WILL is valid and enforceable.
A WILL should have a witness signature and the beneficiary can be a witness. A witness at the same time need NOT know the contents of WILL whether he/she is a beneficiary or not.
A person can (a father for example) can not bequeath all the loans and debts to a son and all his assets to another son. A son or progeny if he/she is not entitled to any property he/she is not responsible to pay any loans or debts.
A WILL need not be registered according to law but in real life situations it will be most important to register the WILL in any registration office.
Generally speaking corruption element is very less when you go for registering your WILL. The fees to pay is also very less, just 150 or 200 rupees. In real life, it is very important that you take along a very good witness who can standby his witness signature in case of legal problem.
When you go with WILL (to execute the WILL as beneficiary) and death of the person to transfer the property in your name, the revenue officials pester you to bring many documents , and one of them is to get a "NO OBJECTION" Certificate by other beneficiaries which is absurd but our revenue officials are definitely absurd.
Re: Preparing a WILL
by pawankumar sethi on Aug 31, 2009 08:09 AM
Nice advise, can a husband make will for all his property in favour of his wife and vice-versa. The object is after the death of one of the two, the other left partner should avail all the benefits of the property/assets/deposit without any interference from their children. After the death of both the parents, the property/assets will be taken by the kids in equal ratio (in the normal circumstances). Please advise husband should make WILL in favour of his wife and vice-versa.
