A will can be made stating your wishes and can be registered. Fee differs from lawyer to lawyer.
I am 68 and have a house and some bank balance. I have a son and a daughter. I want to make my WILL & want to know different types of formats and cost.
How to protect the rights of a daughter from a hostile husband, in case you want to give your property to your daughter.
Hi, As far as will is concerned there is no types. If you want to bequeath your property by way of will, then you can write your intention to bequeath the property/ties and it must be accompanied by two witness.
2. It is better you can approach the local advocate and he will help you to draft the will and the professional fee of advocates varies from one advocate to another.
3. The registration of the will is not compulsory. It is better you can register the same and the will come into affect only after your death.
You can gift the property to daughter through registered gift deed.
For drafting of will, If you need any further assistance.you can approach me through Kaanoon or LinkedIn.
You can engage any lawyer on this website for drafting will
2) legal fees vary depending upon lawyer engaged by you
3) there is no specific format depend upon facts of each case
There are no legal requirement for making a Will
Except that the person while making his Will has to be in a sound state of mind
He has to sign his Will in front of 2 witnesses
It is not necessary that both the witnesses have to be present at the same time
Both the witnesses also have to sign on the Will
You can appoint an executor under your Will who will carry out your directions in the Will after Your demise
The beneficiary and witness cannot be the same person
However the executor can also sign as a witness
No stamp paper, notary or registration is required for the Will
You can give a life interest to your daughter for your house
As regards the bank balance, if you are bequeathing to her then you can direct your executor to open a trust account for her and use the amount lying in it whenever your daughter needs it. For this the executor has to be a trusted and honest person.
A will can be executed on any paper. It is executed on stamp paper so as not to create any doubt about date of execution of will. Will can be registered of un-registered. An un-registered will is as valid as registered will. But if the will is registered, no stamp duty is charged on will, only registration fee has to be paid. But is safer to register will as that will rule out the doubt as to signature of testator/will maker. After drafting of will the testator/will maker has to sign the will in the presence of two attesters/witnesses to the execution of will, the witness should state/endorse on the will that they saw the will maker signing the will. As no stamp duty is required for registration of will, you have to pay only lawyer’s fee for drafting will, that will varies from Advocate to Advocate depending on seniority.
Any immovable property bequeathed to daughter by father is her absolute property. Her husband has no share in it as long as she is alive. She can deal with the property in her lifetime in any manner she wants. But after her death such property will devolve on her legal heirs as per Hindu Succession Act.
It is highly unprofessional to quot fee unless asked. I am based in Hyderabad. My fee is 10K for drafting will.
You should will your property to your daughter and it should be stated that any rent/profit etc. Accrued from the property will belong to your daughter. My fee for making a will would be ten thousand but it differs from lawyer to lawyer.
The husband cannot have any share in the property.
1. You, as a Testator, can execute any number of WILLs during one's lifetime. The latest WILL supercedes all the WILLs earlier executed.
2. To protect your daughter from her hostile husband, when you want to give the property to her, you can incorporate specific clauses in the WILL, to prevent her husband from handling the property.
3. The cost differs from Lawyer to Lawyer. You can prepare and execute the WILL on your own without taking the help from a Lawyer also.
4. Registration of WILL is not compulsory but only optional.
Formats are not provided here on this website.
You can contact any good lawyer from this portal to draught a will for you.
In Order to protect the rights of the daughter, father can give living estate to the daughter wherein she cannot sell or transfer the property to anyone.
- You can write a WILL in the presence of two witnesses , and their signatures are also mandatory.
- Further , you can mention in the WILL that after your demise the property can be claimed by your said legal heirs and none having right to claim therein , even your daughters husband.
- You can take help from a local lawyer for the same.
Hello,
Gift the share that you want to give her through gift deed with condition precedent.
And the rest of the property can be given by will with proper way so that she cannot claim again after your demise.
Regards
You can contact any advocate of this forum or an advocate in the local who is in the knowledge and experience in this subject you tell him your desires and decision for distribution of the properties lying on your name
The lawyer will draft the suitable Will incorporating your desires properly on the terms of the chosen lawyer.