A will should always be made keeping in mind the provisions of law. Below are the things to consider while making a will

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Signature of the testator: According to Section 63 of the Indian Succession Act, 1925: The will must be signed by the testator. If the testator is unable to sign for any reason, any other person may sign the will in the presence of the testator, as directed by the testator.

Signature of witnesses: When a will is made, it must be signed by two or more witnesses, stating their names, ages, addresses and the date, time and place. The witnesses need not have read or been familiar with the contents of the will.

Registration: Registration of a will is not mandatory but is necessary. To register a will, it has to be presented before the registrar or sub-registrar of the area. After the registrar examines all the documents and resolves all doubts, it is recorded with the date, time, day, hour, etc. A registered will is always accepted in the court.

Clarity: There should be a complete description of the property mentioned in the will as well as a clear mention of its legal information. Also, the will should be made after due consideration of the entire property and legal heirs and legal provisions so that it will not be easily challenged.

Handover to the appropriate authority: After the will is prepared, it should be handed over to the legal advisor or the appropriate authority. Due to this, the will can be presented whenever needed.

Certificate of the testator and doctor: At the end of the will, it is necessary to mention that the will was made independently, while being physically and mentally healthy and thoughtfully. Also, a doctor’s certificate in this regard should be attached. This does not cause any legal problems later.

Property: A Hindu can make a will for only his own share of the property acquired by inheritance along with the property acquired through personal effort.

Registered Will is Not Valid? – Landmark Supreme Court Judgement

Credit – Decode the Law

Old Will and Amendment:
The person making the will has all the rights to change, cancel, destroy or make a new will before death. When canceling a will and making a new will, it is necessary to mention in the new will that “the previous will dated … shall be deemed to be cancelled”.

Also, if the same person has made more than one will, the last will (with the last date) is considered acceptable according to the law.

While changing the will, a new supplement (Codicil) can be added to the will at any time. While adding a Codicil, it has to be signed in front of witnesses like the will and it is also necessary to mention the signatures of the witnesses, date, day, time and place.

Validity: Any will can be effective only after the death of the person making the will.

Some legal terms related to wills-
Property/Estate: While making a will, all the assets owned by the person making it are taken into account. But this does not include his liabilities.

Testator: The person who makes the will

Executor: The executor of the will is the legal representative of the person making the will. He is responsible for submitting his death certificate after the death of the person making the will.

Heir/ Beneficiary: The heir is the legal heir of the person making the will. The person making the will can distribute his property to his heirs according to his wishes. The will can specify how much share to give to whom.

Probate: Probate is a legal process. In this, the claims arising from the will are settled and the property is classified according to the will that is valid according to the law.

Will: Everyone will grow old and will hand over everything to the future generation.. Before that, it is necessary to make a will.. 1) A clear mention should be made of your own hard-earned immovable property like house, flat, land, jewelry, bank balance, bonds, fixed deposits to whom and how much share to whom 2) A written statement should be made of the ancestral property to whom 3) A will can be made on plain paper, stamp paper, but if someone objects to such a paper later, it becomes difficult and controversial to prove it in court, so the person whose name is the property should make a note in it to take care of his/her husband/wife after him and register the will with the sub-registrar without the knowledge of the family members. 4) Tell your lawyer (give a copy), true friend, trusted relative that you have made a will and keep it hidden 5) A will can be changed any number of times, the last will is considered acceptable 6) If someone forcibly writes a will or distribution, then If you renew it after some time, the previous will is automatically canceled. 7) While you are alive, you should not show mercy or blind love to anyone and transfer a house or property to their name. 8) If you transfer property to someone else’s name, you can also be thrown out of the house at some point… All our children are good, but there are some exceptions. There is no point in crying when the time is up.. So all the elders should take care and take legal advice..

 

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List of the Property Registration lawyers in mumbai are easily available on the internet, only thing you must convey your purpose and object to the lawyer so that he or she could help you in better manner.

Mostly female who wants to make a Will, do not want to disclose many things before male lawyers due to past experience … Here team shreeyansh legal comes for help. We have well experienced and dashing female lawyers for Registration of WILL in Mumbai, Navi Mumbai and Thane.

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