Hello seeking advice on the below We are from Andhra Pradesh. My father owns many agricultural lands in our village. We are two siblings - me and my sister. My father gave many properties to my sister during last 10 years. He wants to write a Will on my name for the remaining properties. The issue though is the properties are not properly demarked given it’s a village and the survey numbers are not demarked properly. There have been no registrations across the lands in entire village except that there were signed stamp papers. It is getting very difficult to get government surveyors to our village. In this situation can I get a blanket Will from my father that any of his properties should be passed on to me after my death without including the property survey numbers . This way my father wants to protect my interest so my sister does not come for a share in property again. And over next few months we want to get the official surveyor and sort the survey numbers etc
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Your father can execute will bequeathing all his immovable properties in village x
however it is advisable to mention details of properties standing in father name
3) as and when details of properties are available then fresh will can be executed by your father
4) will should be attested by 2 witnesses
There are unregistered title documents in proof to title, there is dispute as to ownership and identity of properties. The only problem is, documents are not registered and properties are not marked as per survey numbers. There is no difficulty in execution of will in respect to such properties. Refer the stamped sale deeds and ownership documents in the will correlating with properties. Mention that as properties are already given to other sibling again making mention of ownership document and identity marks of properties therefore such sibling is excluded from any properties in the will. Such wills are perfectly valid and legal. 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 or 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 not be more than 20 K in any case. A beneficiary of will cannot be a witness to the execution of will. A witness has to be a third party.
Thank you for the prompt response. Should the witness be from the same village or can they be from anywhere. I live in a city right next to my village and it’s easier to get lawyers and witness signatures there. Me and my father want to keep this will discreet and hence would like to know if registering the will in my city with witnesses there makes sense. My village falls within my city jurisdiction
You can get Will executed in city
2 witnesses can be from city too
Will can be attested by any third party witnesses. They need belong the same village but they should be will acquainted with will maker and his family.
The Will made for bequeathing the proeprty without the details of property namely the extent, survey number, title document details is nothing but a paper because in the absence of the details of the proeprty that is being bequeathed, the Will cannot be executed to av\ail the benefits of the Will by the beneficiary.
Therefore you may wait for the surveyor to survey the proeprty, get the properties fully and properly demarcated, get the survey numbers allotted along with new pattadar passbook in order to confirm the bequest made in the Will in favor of the beneficiary.
A Will can be prepared anywhere and can get it registered within the jurisdiction of the Testator's residence also.
You should choose the witnesses who are willing to give testimony before court at the time of getting the Will probated in case of dispute about the will before the court of law by aggrieved person.
Dear Client,
Indian law does not envisage a system of land/title registration. Instead, the concept of registration relates to deeds/documents under which title is transferred. Instruments/documents/transactions pertaining to the transfer of rights in land are required to be registered in accordance with the Registration Act,1908. Section 17 of the said Registration Act enlists various documents/deeds/instruments which must be mandatorily registered, and others are optionally registrable. The system of registration of documents is well defined in India, with robust and operational government machinery to register such documents and maintain records of such registration/documents.
Thank You.
You can registered WILL in nearest sub registrar office, the copy of WILL remain with SRO.
Better you can have all numbers of the properties in the WILL to avoid future consequence from sister and government as well.
Any major person of sound mind can be a competent witness. Better ask your family doctor to be one and a disinterested third party as the other.
You need to draft a will take 2 witness signature and doctors certificate of fitness thereafter register the same
1. not necessary to mention the survey numbers
2. only sufficient details of the property which would help identify that property
3. ensure that the witnesses are young. as old witnesses may die and thus may be unavailable to depose in court if the Will is put to proof
4. not necessary to register the Will
5. witnesses can be any persons. but see to it that they are easily available when required in order to depose in court about attestation of the Will and that its genuine
6. i advise you take affidavits from the witnesses beforehand describing how the Will was executed by the father and how the witnesses attested to it. This will ensure that if in future the witnesses are not available for some reasons, you can use their affidavits in Court for proving the Will in case the Will is challenged by your sister or some other person
