• Writing of will

I want to will my properties/money/jewellery in India to my married sister and the properties/money/jewellery in USA to my son and retarted daughter.
In India, I have living younger Brother(married) and younger sister(to whom i wish to will everything)
Please advise how to write the will.
Asked 2 years ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) will should be drafted by lawyer  as per your instructions 

2) it should be attested by 2 witnesses 

3) you should appoint an executor for the will who will apply for probate and distribute your assets on your demise 

4) registration of will is optional 
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

Hi, for writing a will there is no hard and fast rule it is the intention of the testator to dispose of the property through "WILL" and it will come into affect after your death.

2. One Important thing in "WILL" is that witnesses, the will must be signed by at least two witness, otherwise it is not valid.

3. It is better you can take a professional help to draft the "WILL" and thereafter you can register the same before the Sub-Registrar.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1) please  note that we do not provide  draft formats of will 

2) there is no standarised format 

3) you have to give instructions to your lawyer and on basis of your inputs lawyer will prepare the will 

4) reasons have to be given why bequests are made to certain beneficiaries 

5) badly drafted will would be subject of challenge on your demise and court may not grant probate of the will 

6) hence i advised you to contact a local lawyer and have will drafted by him and attested by 2 witnesses 
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

A will can be made by anyone above 21 years of age in India. You can make the will on plain paper in India. It’s not legally necessary to make the will on stamp paper. It is advisable to write your will in your own hand writing, as the same can be verified later in case of any doubts raised by relatives. It might happen that according to your family structure and your preferences. A will is so important, that it should be your first step in your financial life. If your family structure is diverse, and you want to leave your wealth to different members of family like you want to, you should prepare your WILL today, not tomorrow, not later. A will has several parts, which duly completed, make up a complete Will. Though there is no legal or defined format, there is a template, which has been generally used for ages. It’s simple, it’s very logical and derives from common sense.
 In the first paragraph, you have to declare that you are making this will in your full senses and free from any kind of pressure. 
 The next step is to provide list of items and their current values, like house, land, bank fixed deposits, postal investments, mutual funds, share certificates owned by you. 
 At the end of the will, you should mention who should own your assets items and in what proportion, after you have gone. 
 At the end, once you complete writing your will, you must sign the will very carefully in presence of at least two independent witnesses, who have to sign after your signature, certifying that you have signed the will in their presence. The date and place, also must be indicated clearly at the bottom of the will. Make sure you and the witnesses sign all the pages of the will.
If you are still confused, you may take the help of a lawyer on all such further issues.
T Kalaiselvan
Advocate, Vellore
36786 Answers
403 Consultations

5.0 on 5.0

Get the will drafted by a lawyer as this will be the charter of devolution of rights after your lifetime. Your lawyer will take care of everything which is to be incorporated therein.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

Write a WILL in the presence of two witnesses. WILL cannot be enforceable in respect of properties situated beyond india. It is option to get your WILL registered.  

You have to prepare a WILL in US according to its law towards the properties situated in US.  
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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