• Procedure for property will

1. what is the Procedure and pro-forma for properties will earned by my father?
2. One of the property earned by my father is registered in the name of my sister (who demised recently) when she was 14 years. Can my father rewrite that to any other's name?
3. To write a will, do we need a witness? If so who they can be? Can my another sister be a witness?
4. Do we have to register the will? If so, what will be the fees for will registration in Hyderabad?
5. Father is not able to walk, How can we register the will? Is any simple procedure for it?
6. Any other extra cares or measurement should i take for the will?
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

1. If your father wants to transfer the property to you by a Will, he can very well write a Will mentioning the details of the property and bequeath the same to you in the presence of witnesses.

2. Your sister's legal heirs, if unmarried, then your mother shall become the absolute owner of the property that is lying on your deceased owner and not your father.

3. There have to be two witnesses to the Will. Anyone other than the beneficiaries can be witnesses.

4. It is not mandatory to register the Will.

5. It is not mandatory to register the Will. 

6. You can take the assistance of a document writer or an advocate to write the Will if you are not aware of the legal formalities for preparing the Will. 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

On demise of daughter property standing in her name would devolve on her legal heirs 

 

2) father cannot bequeath said property without consent t of other legal heirs 

 

3) will has to be attested by 2 witnesses 

 

4) sister can be one of witnesses 

 

5) registration charges are nominal 

 

6) registration of will is optional 

Ajay Sethi
Advocate, Mumbai
96714 Answers
7795 Consultations

While the writing of the will itself is a simple task and can be done on a plain piece of paper, it is best to do it under legal supervision. Make sure you enter all the essential personal details, including name, address, place and date, correctly; put in the full name and relationship of beneficiaries; mention the assets precisely; have it done in the presence of two witnesses; and sign it along with the witnesses and their details. “The most important aspect of a will is a valid signature of the person making it. Since a will can be written on a blank paper, the signature is the only authentic detail in it,

Equally important are the three declarations— that you are revoking all earlier wills, that you are of sound mind, and that you are not making the will under any undue pressure. If a person is very old, it makes sense to attach a doctor’s certificate certifying his mental health and sanity.

Procedure to Make A Will

While making a will all the necessary provision is taken into consideration with utmost care and must contain several part and clause. Although there is no particular format that is adopted while making a will. But in a will the testator should include:

  1. In the first paragraph, there should be full name, address, age, etc. of the person who is making the will stating that he is making the will in a free sense and free from any kind of pressure and undue influence.
  2. It is the duty of the testator to reveal all the information about the property and documents. To tell the current value of the house, land, bank fixed deposit, mutual funds and the share certificates owned by the testator. This information should be disclosed or communicated to the executor of the will or any of the family members or friends.
  3. When an original will is made the testator should clearly mention who should acquire his entire property (in case of Muslims, Will cannot be made for more than 1/3rd of the property) so that the interest of the successor is not infringed after the death of the testator. In case of the minor, the legal guardian should be made as the beneficiary of the property, so that when the person becomes major he has right to inherit the property. Although he has the rights not to accept the property.
  4. Once the original will is finalized, the testator should sign the will carefully in presence of at least two witnesses, who also have to sign after the testator signature. The will should also contain the date and place at the bottom and it is not mandatory for the person to sign all the pages but he may sign so that there is no legal instability.
  5. With the death of the testator, the executor of the will or a legal heir of the deceased should apply for probate. The court will ask the executor or the heir if there is any objection regarding the execution of the will. If there is no such objection, the court will grant probate. A probate is generally considered as evidence in order to execute the will.

The property already transferred to your sister could not be revoked . Your sister's legal heirs become the absolute owners of that property after her demise.

 

The registration of a document provides evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity. In India, the registration of Wills is not compulsory even if it relates to immoveable property. Under Section 18 of the registration Act, the registration of a Will is not compulsory.The non-registration of a Will does not lead to any inference against the genuineness of a Will. In other words, registration therefore does not give any special sanctity to the Will though registration of the Will by the testator himself evidences the genuineness of the Will.

 

A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator. The Will must be initialed by the testator at the end of every page and next to any correction and alteration.

No stamp duty is required to be paid for executing a Will . A Will, therefore, need not be made on stamp paper. But it it is registered then a nominal amount , Rs.500 paid .

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

1. After death  of your sister the said property is devolved upon you and your parents and hence your father cna not deal with it except in respect of his due share.

2.  To make a valid Will you need 2 attesting  witnesses .

3. Will need not be registered.

4. talk to an advocate.

Devajyoti Barman
Advocate, Kolkata
23180 Answers
509 Consultations

Hi, as per law  the author of the will must be  sound health and sound mind  and in the will at least two witness are required and the Registration of the will is not required and it is optional.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

1. If your father is the legal owner of the property , then he can write a WILL in the presence of two witness , and stamp paper etc is not mandatory .

2. Since, that property is registered in the name of your sister , even funded by your father , then the said property would be devolved upon your mother . 

- However, your father can claim the same after filing a declaration suit before the court , as she was minor at the time of death. 

3. This WILL should be write in the presence of atleast two witnesses.

- Yes, your sister can be witness , but if she is also gaining the property through that WILL , then being beneficiary she cannot become witness . 

4. No mandatory to be registered 

5. If your father wanted to register the said WILL , then he can execute POA/SPA in favour of any relative to register that WILL , if he unable to walk 

6. The details of property should be clear . 

Mohammed Shahzad
Advocate, Delhi
14401 Answers
221 Consultations

Yes you need 2 attesting witness to the will. It's better you keep independent witness other than relatives. Yes if registered it's better. Draft from a good lawyer

Prashant Nayak
Advocate, Mumbai
32359 Answers
199 Consultations

Dear Querist

My opinion on your queries are as under: -

 

1. There is no specific per-forma for the execution of Will, Will can be made on a simple paper, registration is not mandatory.

2. Your father will be the Heir of your deceased sister, so he can execute the Will of that property too.

3. Yes, there should be two witnesses, who should be adult and sane person.

4. Registration is not mandatory.

5. If you want to register the will then file an application before the Sub-registrar/Registrar of your area for registration of Will from your home, there is a procedure in registration Act-1908, by which the Registrar/Sub-registrar will be available at your home along with all the required things, you should visit the office and get all the details of charges for this procedure.

the wish of the owner of the property is only the requirement for a Will.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

1. There is no proforma. Get the will drafted by a lawyer.

2. Property registered in the name of your sister is owned by your sister. If she has died intestate then her property has devolved on her father and mother if she died unmarried. So your father can make a will to the extent of his share in your sister's property.

3. 2 attesting witnesses are required to attest the will.

4. Registration of will is optional but it is always better to register.

5. If he is not able to walk then he can be taken on wheelchair or sub-registrar can be requested to come to his place.

6. Get a flawless will drafted by your lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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