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How to prepare a Will and get it registered?
07-Mar-2023 (In Wills / Trusts Law)
Want to get a Will prepared for property (house) which is in my mother's name in Rajahmundry. We are Christians. I am the only daughter. No brothers and sisters. Now my mother wants to get a Will prepared in my favour. What is the procedure for the same.
Write the introduction to the will. Start by clearly labeling the document “Last Will and Testament.” ...
Select an executor. ...
Identify your heirs. ...
Name a guardian for any minor or dependent children. ...
Assess and divide your property. ...
Sign the will. ...
Ask witnesses to sign the will.
Registration of a will is not compulsory in India. However, registration implies that the person writing the will and the witnesses have appeared before the registering officers who have verified their identity and attested the same. No Format: There is no prescribed format. It must communicate the intention of the person. It can be in any language and can be either hand-written or typed. No Stamp Duty: There is no stamp duty to be paid on a will. To be a valid document, the will must be signed and witnessed by at least two witnesses. Registration: The will should be registered in the office of the sub-registrar of the district in which the testator resides. Maintenance: After registration, the will must be kept in the sub-registrar's office. It can be modified only through notification through codicils which also have to be registered. Points to note Probate: For a will to be valid as the basis of distribution of the assets of the deceased, it has be to probated by the court as the last and final will of the testator. Impact on validity: A registered will can also be challenged in a court. A will does not get additional legal sanctity after registration. Named persons: The will may name any person, not necessarily the legal heir, to receive assets or portions of the assets of the testator.
Select an executor. ...
Identify your heirs. ...
Name a guardian for any minor or dependent children. ...
Assess and divide your property. ...
Sign the will. ...
Ask witnesses to sign the will.
Registration of a will is not compulsory in India. However, registration implies that the person writing the will and the witnesses have appeared before the registering officers who have verified their identity and attested the same. No Format: There is no prescribed format. It must communicate the intention of the person. It can be in any language and can be either hand-written or typed. No Stamp Duty: There is no stamp duty to be paid on a will. To be a valid document, the will must be signed and witnessed by at least two witnesses. Registration: The will should be registered in the office of the sub-registrar of the district in which the testator resides. Maintenance: After registration, the will must be kept in the sub-registrar's office. It can be modified only through notification through codicils which also have to be registered. Points to note Probate: For a will to be valid as the basis of distribution of the assets of the deceased, it has be to probated by the court as the last and final will of the testator. Impact on validity: A registered will can also be challenged in a court. A will does not get additional legal sanctity after registration. Named persons: The will may name any person, not necessarily the legal heir, to receive assets or portions of the assets of the testator.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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