Will registration lawyers in India

Date : 2021-12-16

A valid Will is a legitimate disposition made by a living person to take effect upon his or her death. In section 2(h) of the Succession Act, a Will is defined as a formal declaration of a testator's purpose with respect to his property that he wishes to be carried out after his death. A will take effect on the death of the executant and during this lifetime is an ambulatory document said Sir John Beaumont in Hubert P James v Gulam Hussein revocable at any moment having no legal effect

Who has the power to write a Will?

Anyone who is at least 18 years old and has testamentary capacity can form a will. There are few exceptions to the minimum legal age to write a will in particular circumstances, but the general rule is that the ability to form a will, like the capacity to hold property, begins when a person achieves the age of majority.

What are the fundamentals of will?

  • It must be a legally binding statement of the testator's desire.
  • His property must be the subject of the declaration.
  • The testator's desire for the declaration to be carried out after his death must also be present.

When drafting a will, keep the following considerations in mind.

 1.1  Legal counsel: The individual writing the will should first consider whether he wants to draft it himself or hire a lawyer. You can write a will on your own, but it is recommended that you seek legal advice to avoid any technical or legal issues later on.

1.2  Make a list of all your assets: Make a list of everything you own. Only self-acquired assets, not inherited ones, can be sold. Sort your assets by whether they're movable or immovable, and whether they're in your native country or abroad. These assets are assigned to the persons you want. If the assets are held jointly, the only divided share or interest in the property can be left to the beneficiaries.

1.3 Submit accurate information: You must provide accurate information regarding your name, age, and address as it appears on your permanent account number (PAN) or Aadhaar card while making your will. The full name and contact information of the individual to whom you desire to transfer your property must also be included.

1. Appoint an Executor.

In your will, you must appoint an executor. An executor is a person who manages and distributes your estate according to your wishes. The executor must carry out the will in accordance with legal requirements and the testator's desires

1.5 Keep the Will Safe: Writing a will isn't enough; you also need to keep it safe and make sure it's properly executed.

What is the procedure for registering a will?

The will must be registered with the sub-registrar or registrar of the district court in the jurisdiction of which the majority of the property is located. There is no stamp duty on the registration of a will, and there is no requirement that a will be registered. We are will registration lawyers. We can assist you with the registration of your will.

Case law pertaining to will

The Madras High Court was only asked to decide whether the document was a will or a deed of settlement.

It was decided that the paper in front of them was a settlement, not a will because it was irrevocable and would take effect immediately.

Our Services :

  • We have a team of different professionals under one roof. We are will registration lawyers in India who provide services in a diligent way.
  • We provide expert services for creating a will.
  • Our aim is to client satisfaction.
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