Dear Sir, I am Keerthi, Hindu from Vizag. I am aged 57. I have a younger sister. My mother who is aged and house wife had written a will to me of her entire properties. The whole property belonging to my mother is self earned. The will is typed (printed) on a plain paper signed by her and two witnesses with date. Address of witnesses not mentioned. She had declared that she is with sound mind and wholeheartedly written the will. After her demise, she had given limited rights to her husband (my father) to enjoy the income of that property. After my father's demise, my mother had given me full rights to me of her properties. My questions are: 1. Is a will which is typed (printed) on plain paper and signed by my mother and two witnesses valid. Address of witnesses and their aadhar numbers not mentioned in the will. But we know the persons. The will is not registered. 2. Is a doctor certificate required that she is with sound mind. Since there is no doctor certificate is the will invalid. 3. After her demise, the property shall pass onto her husband with limited rights to enjoy the property and later after my father, property shall pass on to me with full rights. So after I acquire the property from my father, can I write a will of these properties acquired from him ,as per my wish. Please advice.
1. yes the same is a valid name, registration of a will is not mandatory
2. Yes it will be valid, just that no one challenges the same on this ground
3. Yes once the title of the property comes to you, you can use it as per your will.
Also the will has to be probated after the death of your mother.
Regards
1. yes, this is a perfectly valid will since the intention of your mother to bequeath her properties to you is clearly discernible.
2. Will is valid even in absence of any doctor's certificate.
3. The properties which you receive under this will, will be your self acquired properties. You may dispose off these properties in any manner as per your wish. You are even free to bequeath these properties to a near and dear one, through a will.
1) you have to get that will first registered.
2) Prepare a legal will with proper to witnesses who had seen the will is signed by your mother.
3) If she is aged so visit to the registered office and create a proper will
Firstly, get the Will registered in the office of concerned Sub Registrar. The presence of your mother before the Sub Registrar along with two witnesses would prove the genuineness of the Will. The certificate of Dr. is not required. Secondly, after your father, you can write a Will of the properties acquired by you.
1) will signed by testator and attested by 2 witnesses is valid
2)advisable to enclose doctor certificate
3) you are at liberty to execute will in respect of properties inherited by you
Hi Keerthi,
A will must be written on stamp paper and should contain all the necessary element to stand legally.
You will is not proper and will not be able to be proved genuine even if the adhar no is maintained on it.
The property of the mother will be decided equally between all three legal hairs including your father.
There is no need of a doctor certificate for proving the genuinely of the will and is not required in this case.
If your mother is alive and wish to do a will she should make it properly and get it registered.
Even a registered will may be changed and a new will may be written.
1. A will can be hand written on a plain paper.
2. Since the will is hand written but not registered your sister can challenge it in the court on the ground that it was not made with your mother with her free consent.
3. The mere absence of doctor's certificate does not invalidate the will.
4. You will be free to make a bequest of the properties after the lifetime of your father.
Dear Sir, Inorder to register the will at the sub- registrar office in Andhra Pradesh, should my mother submit the Xerox copies of the property documents of the properties mentioned in the will to the sub-registrar or should she disclose the property details to the sub-registrar.
Registration of will is optional
2) not necessary to submit xerox copies of documents of properties mentioned in will
Only disclose the details of the property details in the Will. Take the help of local lawyer. No need to submit the xerox copies of the property documents. If possible, mention the details of property documents bearing registration number , book no., volume no. date, etc. Accompany your mother with two witnesses along with original and photo copies of the aadhar card. Two photographs of your mother to be pasted on the original Will as well as on the second copy of the Will to be kept in SR office record. I hope everything is clear now.
1) both you should mention in the will *( and as well give Xerox copy and show him the original,) so the will be registered in speedy.
* Its depends upon the mentality of the sub-registar.
1. The said will is defective since the addresses of the witnesses have not been mentioned.
2. No doctor's certificate is required for executing a will. However, a doctor's certificate or signature as witness is suggested to ensure that no body can effectively challenge the will on the ground that she was not in her stable state of mind while executing the said will.
3. After her demise, you shall have to take probate of the will since without grant of probate by the Court the value of the will is considered as no more than that of a scrap paper. Without probate you can neither own the said property nor can execute any will for the same.
1. Your mother should add the addresses of the witnesses in her said will now before registering the same.
2. While registering her said will, she won't have to submit evidence of title of her said willed properties before rthe Registrar.
1. Is a will which is typed (printed) on plain paper and signed by my mother and two witnesses valid. Address of witnesses and their aadhar numbers not mentioned in the will. But we know the persons. The will is not registered. - Wrong, WILL should be registered as per law. The full address and aadhar of witnesses should be obtained.
2.2. Is a doctor certificate required that she is with sound mind. Since there is no doctor certificate is the will invalid. - As she is 57, doctor certificate is not required and law does not state to obtain doctor certificate to prove sound mind. However, her voluntary submission to write a WILL and understanding its consequences are vital aspects to prove in case of issues in future.
3. 3. After her demise, the property shall pass onto her husband with limited rights to enjoy the property and later after my father, property shall pass on to me with full rights. So after I acquire the property from my father, can I write a will of these properties acquired from him ,as per my wish. Please advice. - You can bequeath to anyone whom you like during your life time.
No property documents are required to be adduced by her in the will, either in original or the Xerox copies.
If the Sub Registrar requires, he may be shown the original documents for his reference.
Contact a local Lawyer for drafting and registration of the will.
She just has to disclose the property details
The documents are not required at the time of registration of the will
Regards
1. Take your mother to the sub-registrar's office and get the will registered.
2. The sale deeds of the properties which she has bequeathed are not required to be annexed.
Yes.
Oral WILL can be registered under section 40/41 of the registration act after following the due process of law.
1. It is important that the addresses of the witnesses besides their signature as attesting witnesses should be mentioned in the will.
It gains importance for the reason that the attesting witnesses may be summoned by court while the beneficiary is trying to prove he will through the witnesses.
2. Doctor's certificate is not necessary to make the will valid to confirm that she was of sound mind while executing the will.
3. Once you acquire the property by enforcing the will, you shall become an absolute owner of the property, thereby you an dispose it in any manner and mode of your choice and desire.
Inorder to register the will at the sub- registrar office in Andhra Pradesh, should my mother submit the Xerox copies of the property documents of the properties mentioned in the will to the sub-registrar or should she disclose the property details to the sub-registrar.
She is going to register the will alone and not the property.
She need not submit the copies of the documents pertaining to the properties.
The schedule of properties mentioned in the will shall be sufficient.
There is no format or requirements of a will. Will can be the last words if written and signed by her. But legally it is advisable to draft it and get it registered but it's not mandatory in law. Doctor certificate is not mandatory
