Your father can execute will bequeathing his property to beneficiaries mentioned by you 

2) will should be attested by 2 witnesses 

3) you can engage any lawyer on this website for drafting will 

Suggest what ? Whome he want to give his property after his demise ?

On his death, all have 1/4th share each. Will is required if he wants to disinherit any one of them.

If it is your father's own and absolute property with clear and marketable title to the property, he may very well write a Will bequeathing his property as per will and wish and in the manner he would like his successors to inherit and enjoy his properties after his lifetime.

To draft the Will, you may approach a local document writer. 

- Yes, as per law, your father is having right to transfer his property to his legal heirs i.e. your mother, you, 2nd son(died) wife, 3rd Daughter.

- As per law, a person making the Will should have the testamentary capacity, sound disposing mind, knowledge of contents of the Will, Free from undue influence/ fraud/ coercion, and the making of a Will should be a Voluntary act.

- Further the conditions for making a valid WILL are : 

1. The testator(your father ) should sign or affix his mark (e.g., thumb mark),

2. The Will must be attested by 2 or more witnesses,

3. The witnesses must have seen the testator sign or affix his mark to the Will; or

4. Received an acknowledgment from the testator that he has signed the Will; and

5. Each witness shall sign the Will in the presence of the testator.

- Further the witness should not be a beneficiary under the Will, and the witness can also be appointed as an executor under the Will.

- A Will can be made on a plain paper. No stamp paper , and no notarization/registration is required. But it is advisable to get the Will registered , because in case of registered WILL transmission of properties becomes easy.

- For registration , presence of your father is not mandatory , if he is unable to visit registrar office , you can approach Registrar for the same to appoint an official to take thumb impression from your father in his presence. 

- Further, registration of Will even after death is possible, under section 40 of the Indian Registration Act.

Father can make a registered will , same can be registered before the sub-registrar office. You can engage an advocate to draft same, executor can be appointed and also list of all movable and immovable property can be made ans annexed.

You can execute a will and get it registered. You can take lawyers help if you want to draft a proper will

1. Your father can execute WILL on a plain paper describing the property and it's corresponding share to Your mother, you,the  2nd son's wife and daughter.

2.  Registration of WILL is not compulsory. Even an unregistered WILL will have the same legal validity as that of a registered WILL.

3.  Two witnesses have to affix the WILL and they should not be the beneficiaries of the WILL.

4.  The Testator (your father) has to be of sound mental health and there should not be any force, threat or coercion from anyone at the time of executing the WILL.

5.  A person (Testator) can execute WILL any number of times. However the last WILL will be considered as the authentic valid WILL.

Dear Sir,

Better get it executed in Sub-Registrar Office, Magadi, Bengaluru Rural District. For draft please discuss. The procedure is as follows:

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Valid Will

1. There should be a name of the Testator.
2. The testator has the right to appoint a Legatee.
3. The Will would be executed after the death of Testator.
4. Under Section 63, Indian Succession Act, 1925 a Will can be revoked by the testator during his lifetime and can also make an alteration in the will which is called Codicil.
5. A third party does not have the right to file a civil suit against testator on the ground of alteration or cancellation of a Will.
6. The intention of the testator is supreme and has the power to revoking the previous testamentary instruments and stating that ‘This is my last Will’.
7. The testator can make a declaration of his will multifarious time but when he or she uses the word ‘Last and Only will’ at the time of his death it would be assumed that all the previous will was revoked and a fresh will come into effect.
8. If the original will has been lost, it is mandatory for the testator to provide proper evidence with a legitimate reasoning for the revocability of the will. If it is proved in the court of law that an original will is lost then ‘Subsequent will’ is valid and will be executed.

Procedure to Make A Will

While making a will all the necessary provision is taken into consideration with utmost care and must contain several part and clause. Although there is no particular format that is adopted while making a will. But in a will the testator should include:

1. In the first paragraph, there should be full name, address, age, etc. of the person who is making the will stating that he is making the will in a free sense and free from any kind of pressure and undue influence.
2. It is the duty of the testator to reveal all the information about the property and documents. To tell the current value of the house, land, bank fixed deposit, mutual funds and the share certificates owned by the testator. This information should be disclosed or communicated to the executor of the will or any of the family members or friends.
3. When an original will is made the testator should clearly mention who should acquire his entire property (in case of Muslims, Will cannot be made for more than 1/3rdof the property) so that the interest of the successor is not infringed after the death of the testator. In case of the minor, the legal guardian should be made as the beneficiary of the property, so that when the person becomes major he has right to inherit the property. Although he has the rights not to accept the property.
4. Once the original will is finalized, the testator should sign the will carefully in presence of at least two witnesses, who also have to sign after the testator signature. The will should also contain the date and place at the bottom and it is not mandatory for the person to sign all the pages but he may sign so that there is no legal instability.
5. With the death of the testator, the executor of the will or a legal heir of the deceased should apply for probate. The court will ask the executor or the heir if there is any objection regarding the execution of the will. If there is no such objection, the court will grant probate. A probate is generally considered as evidence in order to execute the will.
6. If there is any objection raised by the heirs in executing the will, the parties are called upon to make mutual consent. If there is no objection raised the probate will be granted and the will would be executed.

‘Joint Will’ In Comparison With ‘Other Wills’

There are different types of will like Simple Will, a Testamentary trust will, Living wills and Joint wills. But Joint will is different from the other wills because it is created and executed by two testators usually a married couple who leave all their property for each other. It means that the testator who dies first, his or her estate would be distributed to the other testator. A will cannot be revoked without the mutual consent of both the testator but when one of the testators dies it can be revoked. The concept of joint will provide that:

• That when one spouse dies, the other testator will inherit everything, and
• When the second spouse dies, everything directly goes to the person in whose favour will is made.

But the concept of joint will is hardly used in India. While making a joint will there are certain provisions laid down that a single spouse cannot revoke or alter any clause until and unless there is a mutual consent between the two spouses. A conventional will can be revoked at any point in time but a joint will cannot be revoked as it is a legally binding contract.

In Narayani and Anr. v. Sreedharan[1], Kerala High Court held that:

“A joint Will is a single testamentary instrument constituting or containing the Will of two or more persons based on an agreement to make a conjoint Will. Two or more persons can make a joint Will, which if properly executed by each so far as his property is concerned is as much his Will. That will come into effect on his death.”

How many people can make a joint will?

A minimum number of member required for making a joint will is two whereas ‘n’ number of members can make a joint will.

Best practices to follow while drafting a joint will

A joint will can be revoked at any time during the lifetime of the testators or after the death of one of the testator. A joint will can be executed with each other or with the third person in accordance with a proper agreement or contract in order to transfer or dispose of the property. A joint will can be made with another person through an agreement but it cannot be revoked by one testator. If a joint will is made by the surviving testator with another person, then the testator gets to benefit from the legal document that has been created between the testator and another person.

When a testator enters into a contract or agreement with another person, the clause of the will should be definite so that the joint testator cannot revoke it will when they receive benefits from the will. The joint will is generally made when:

• The testator is in a dominant position but that does not mean that they seize all the legal rights of a person.
• As the concept of joint will clearly state that one of the testators cannot revoke a joint will, mutual consent is necessary.
• At the same time if it can be proved that there is no such agreement made between the parties then the testator has the right to revoke the will.
• If one testator has died without disposing of his property and has not revoked the joint will, the other testator has the right to do so, although an agreement has been made.
• But if it is clearly mentioned in the agreement that a notice has been given to a survivor not to alter or revoke the will, then he cannot do so.
• Since the will gives him the right to dispose of his property or make an alteration on his part.
• In case deceased has not altered or revoked his will, the survivor will get a probate from the court which would be considered as the ‘Last Will’. The survivor has the power to execute the provision of the joint will.

Precautions to take while drafting a joint will

The concept of joint will is hardly used because it is not possible for the surviving spouse to change the terms and condition of the will, as it may not give him or her right to dispose of the property of the deceased. The survivor may not able to make an alteration in the will because:

• It puts a restriction on the money that is going to be inherited by the child who is financially weak.
• If the child gets the property very early, they may misuse the property or may sell it to another person at a very low price.

Registration of joint will

Although in India, the registration of will not compulsory but it can be registered at the discretion of testator. But it is not easy to get joint will registered after the death of the testator (i.e. husband). It should be registered by Sub-Registrar, checking the validity of the will. The sub-registrar has the discretion to register the will. They have to check the validity of the will because there are instances where the registration is done fraudulently or by forgery.

Procedure

• A joint will can be executed on plain paper without requiring any stamp duty for execution and registration of will.
• The Government fee should be paid.
• The testator along with two witnesses has to register the joint will before the Sub-Registrar.
• For registering a joint an identity proof such as Aadhar Card, Voter ID card, Passport etc. A will cannot be registered online.

What can be bequeathed in a joint will?

In a joint will, the testator bequeaths or leaves his property and assets which he or she has acquired throughout his or her life. The property would be transferred in favour of the legatee.

Whether ancestral property can be given by a way of joint will?

No, the ancestral property cannot be given by undivided share in the mitakshara or dayabhaga co-parcenary property.

Who can raise suspicion in a joint will?

A suspicion can be raised by one of spouse if the other spouse goes against the terms and condition of the will. The third party can raise the suspicion that should be in favour of natural legal heirs of the deceased.

Supreme Court Rules on Right of Alienation in a joint will and mutual will

Alienation is defined as a capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another. Although the property is generally deemed to be alienable, it may be subject to restraints on alienation. In K.S. Palanisami (Dead) v. Hindu community in general and citizens of Gobichettipalayam and others[2], the Supreme Court of India discussed on the issue related to an ‘absolute right’ to deal with the properties under a ‘joint and mutual will’. The Court held that when there is any legal declaration made by the testator with respect to property then the court cannot ignore or add any word while executing the will. The intention of the testator is taken into consideration while reading the language of the document. Generally, in a joint will, the word ‘absolute’ is used many times which leads to myriad interpretations:

Its good that he wants to transfer property by Will to all the children. 

Get a will prepared, draft will be available with all the typists in the Tehsildar premises. 

Don't forget to get the WILL registered 

Dear Sir,

Your father can make the will of all of his movable and immovable properties as per his wish. It is suggested that the specific share of all the persons be given in the will. 

Respected sir...

For that your father will have to make a will in that prospect and in such a manner in which he want after make that will your father will have to make proper registration of that will in the office of registrar...this is the procedure that you have to adopt..

Thank you

1. He is free to make a will. He may engage any lawyer from this portal for drafting of the will. 

2. It should be registered.

Hello ,a WILL is drafted by a lawyer and has to be registered at the registrar office 

Your father can execute a will bequeathing his property to beneficiaries as per his wish .Meet a local lawyer for drafting a will is good. Even though please go through given below things for getting an idea about a valid will.

A Will is a legal declaration of the intention of a person (testator) with respect to his property or estate, which he desires to take effect after his death. A Will for the Indian properties should be made separately and should never be clubbed with the properties overseas. A foreign executed Will must qualify in India and meet the provisions of the local religious law.

There is no prescribed form of a Will. In order for it to be effective, it needs to be properly signed and attested. The Will must be initialed by the testator at the end of every page and next to any correction and alteration.

Language of a Will: A Will can be written in any language and no technical words need to be used in a Will; however the words used should be clear and unambiguous so that the intention of the testator is reflected in his Will. However the words used should be clear and unambiguous so that the intention of the testator is reflected in his Will.

Attestation: A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator. The Will must be initialed by the testator at the end of every page and next to any correction and alteration.

 Registration: The registration of a document provides evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity. In India, the registration of Wills is not compulsory even if it relates to immoveable property. The non-registration of a Will does not lead to any inference against the genuineness of a Will. In other words, registration therefore does not give any special sanctity to the Will though registration of the Will by the testator himself evidences the genuineness of the Will.

.A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator. Provisions of the foreign exchange laws prevalent in India must be kept in mind and it must be ascertained whether the person named as the executor can, under law, hold the property that is being dealt with under the Will in their name, until the same is distributed as per the Will.

Features of a Valid ‘Will’: in contain

1. the testator's name and address
2. Intention of the testator must be write in specific language (The intention of the executor has to be found out by reading the entire recitals in the document and the phraseology used therein.)
3. He should be sound mind person memory and understanding
4. The document must be signed at the end by the testator.
5. The signature must be written or acknowledged in the presence of two witnesses; both present at the same time and the witnesses must sign in the presence of the testator, but not necessarily in each other's presence.
6. Write pacifically place where the testator made the will
7. A revocation clause
8. list of legacies (gifts of money or goods),
9. list of devises (gifts of real property)

1. IF Father has "self-acquired" property/s, THEN he can make a WILL in favor of Selected /ALL legal heirs, which includes his Mother, Son, Wife, Daughter.

2. Further in order to avoid probable future disputes, Father can execute a registered Gift Deed (while being alive) as per his wish, giving away his property in selected ratio's to above legal heirs.

Hello,

The will should be duly registered.

Regards

Ans:he will have to make the will in the name of the aforesaid persons either himself or through a legal attorney. 

An unregistered will is valid if it conforms to legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed the will in their presence. The primary aspect of a WILL to be legally valid is 2 persons attesting witness to the will when the testator signs in their presence. When only one person has signed as witness then it is not a valid Will. Will need not be registered.

In such circumstances valid Will is best option. 

Yes, your father can bequeath his property to persons mentioned in your post.

The Will has to be witnessed / attested by two witnesses.

Yes, it is possible kindly ask him to do mention sharing ratio in the WILL and get registered with sub registrar or registrar of your area where the land or property belongs.

1. Get the will drafted from local advocate as per wish of your father.

2. Mention specifically about the shares and property going to every beneficiary.

3. Get the will registered in office of sub registrar, if your father cannot go to registrar office then he can sign the will in presence of three witnesses who should also attest the will. 

1. He should make that will and sign it in presence of two witnesses.

2. The witnesses should preferably be young to live long for giving witness when probate of the will will be applied for.

3. One of the witness should be a doctor to give witness that your father was medically fit and mentally stable to write the said will.

4. He should mention the name of the executor of the will after hisn demise, who will aplly for probate of the said will.

5. Preferably, the will is to be registered though it is not mandatory. 

A will should be prepared by him under the supervision of a lawyer who will wrute everything and every situation that may arise. The will must be registered along with 2 witnesses.