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:
- 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.
- 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.
- 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.
- 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.
- 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 .