We want to make a will deed for our father, according to which, the below said property should be transferred over to the children of the owner (me and my siblings) of this property in case of an unfortunate incident. Number of children--5 Sons and 1 Daughter. My father has an agricultural land of 11 Guntas. Question :- Could you please let us know the pathway of executing this will deed and the procedure? Also, can this be done online or in person? And estimated cost/fee.
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Your father engage any lawyer on this website for drafting will
he would after receiving payment draft the will and forward it to your father by email or post
will has to be attested by 2 witnesses
Legal fees for drafting will varies depending upon lawyer engaged by you
Contact for same. Ill draft the Will and will inform you the best procedure to execute it so that there should be no opportunity to question the validity and enforceability of the Will after the death of testator.
Dear Client,
Locate the will. Should the decedent name you as their executor, you will have a deadline for locating and filing the decedent's will upon their passing. Should you be designated administrator, you will need to submit the will to the court following your appointment. Determining and safeguarding the estate's assets is one of your responsibilities as the administrator. You will need to take custody of property and make sure it is kept safe by using your authority as administrator or executor in order to collect property. Following the acquisition of the property, you will need to inventory it. You may be asked to file an inventory form with the court as proof that you have finished this work successfully. Every item of property will be listed on the inventory form along with its value and a description.
Give creditors the opportunity to file claims. You must settle the debts of the deceased in priority order when using the estate's assets to pay them off. If the estate does not have enough money to cover the debts, you will need to sell assets to raise the money. Paying off outstanding obligations owed to the deceased is a part of overseeing the estate. You must let people who owed the deceased person money know that they are obliged to pay the estate. A letter to this effect should be sent to debtors, and copies should be retained on file. You must file all applicable tax returns on behalf of the estate and the dead as the administrator or executor. Section 159 of the Income Tax Act states that in the event of a person's death, his or her legal representatives would be responsible for paying any amount that the deceased would have been responsible for paying in the same way and to the same degree as the deceased.
You must distribute the remaining assets to each of the decedent's beneficiaries once all obligations have been settled and all property has been gathered. In the event that a will exists, you will allocate the assets in accordance with its wishes. You shall divide the remaining assets in accordance with the relevant succession laws if the decedent passed away intestate. Make a final accounting. You may be required to provide a final accounting to the court once the estate has been managed through to conclusion. A final account is a comprehensive record of the assets acquired, the debts settled, and the distributions given. The account must balance when you present it to the judge.
The following criteria typically influence registration fees, which are not fixed in general: States may have different registration costs based on their own laws and regulations. Expenses for document preparation and notary services, if necessary, may be incurred in addition to the registration charge.
The deed can be done online and registered. Manually also it can be drafted and registered
You can consult an advocate either from this forum or outside having good knowledge and experience in such matters.
Discuss at length the modalities, the shares to be given to each and other aspects so that there is no grievance or dispute in future with regard to the share arrangements.
The cost for preparing the Will will be let known by the advocate so contacted.
- According to the Indian Succession Act of 1925 , any person who is of sound mind and who is not a minor is authorized to make a valid will.
- Further, a Will is a document written by a living person expressing his wishes to be executed after his death.
- Further, in a Will , a person records his/her decision about the distribution of his/her property and wealth among his/her family , and takes effect after the testator’s death, and it must be prepared in the presence of two witnesses.
- Further, under the provisions of section 18 of the Indian Registration Act, there is no condition which makes it mandatory to register a Will and also it is not mentioned that an unregistered Will is invalid.
- However, it is advisable to get a Will registered at the Registrar's office, so that it cannot be challenged after the death of the testator.
- You can take help of any lawyer even from this website , to prepare this Will ,so that you should not face any trouble in future
- Fees depend upon the lawyer to whom you engaged.
1. Registration of WILL is not mandatory but optional. Even an unregistered WILL will have the same legal validity as that of a registered WILL.
2. A WILL can be written or typed on a plain paper, with two neutral witnesses.
3. A WILL can be executed by the Testator any number of times and the last WILL shall only be considered as the valid one.
4. A WILL has to be done in person by the Testator.
5. Your father (Testator) can execute a WILL on a plain paper bequeathing the property to his 5 sons and 1 daughter. It has to be witnessed by two independent witnesses ( witnesses should not be the beneficiaries of the WILL). If it were to be an unregistered WILL, there's no stamp duty and there will be no cost for it.
6. In case your father (Testator) wants to register the WILL in the jurisdictional Sub Registrar's Office, then a nominal stamp duty and registration fee have to be paid.
