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Will
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Will
A will is a legal instrument which comes into effect after the death of the testator who is the maker of the Will. This legal concept of Will is classified under the Indian Succession Act, 1925 and it applies to Hindus, Sikhs, Jains, Parsis, Buddhists and Christians but excludes Muslims, as they come under the Muslim Personal Law.
A will is a legal instrument which comes into effect after the death of the testator who is the maker of the Will. This legal concept of Will is classified under the Indian Succession Act, 1925 and it applies to Hindus, Sikhs, Jains, Parsis, Buddhists and Christians but excludes Muslims, as they come under the Muslim Personal Law.
Important Measures to be taken before creating and registering a Will:
To make a valid Will, following conditions must be satisfied:
A Will must have the name of the maker of the Will. A Will made by coercion, undue influence or force is rendered void.
Appointment of a Beneficiary: The testator has a right to appoint a person as per his/her choice as the beneficiary for the execution of the testament.
The Will comes into effect after death.
Factor of Revocation: A Will can be revoked or can be cancelled or some amendments can be made in it during the lifetime of the testator at the option of the testator or by way of any document.
Intention of the testator is of prime importance: If the testator wants to declare the Will of his choice as the legitimate then the Wills made prior are nullified.
Final Will: The testator’s previous Wills are cancelled and the last or the final Will is considered to be the original.
The loss of the Will shall not consider it nullified unless the required and proper evidence is not given to prove its revocability.
ADVANTAGES OF REGISTERING A WILL
It is not necessary to register a will. However, if the registration of a will is done the following benefits can arise: -
The will cannot be tampered, destroyed, lost or stolen.
The will is kept in safe custody by the registrar.
No person can access or examine the will without the express permission in writing of the testator until his/ her death.
If a registered will is uncontested, it may be possible to get the leasehold property mutated in the name of the legal heirs without obtaining a probate of the will.
DISADVANTAGES OF REGISTERING A WILL
Revocation of a registered will is cumbersome when compared to the revocation of an unregistered will.
If a registered will is revoked, the subsequent will made by the person should also be a registered will.
Procedure of Creation and registration of a Will:
Confirming the declaration without any compulsion, force or pressure along with all the essentials including name, address and age.
Appointment of Executor who is required out of his duties, to collect and realise the estate of the deceased, pay his debts and distribute the legacies as mentioned in the Will by the testator.
Enlisting the details about the custody of the Will and the procedure to acquire it.
Declaration of all the ownership
Attestation of the testament
Executing the testament: The successor or the person receiving the possessions can apply to prove that the Will is officially authentic. If the court certifies the testament, then the probate is given. The heir of the testator receives a copy of the certified Will.
HOW CAN ACREOK HELP YOU?
A Will categorically is classified as one of the most important documents in any person’s life. Why risk such concerns? Choose ACREOK to provide you top services with respect to Drafting, Registration and even assistance to Sub-Registrar office of your region. We make sure, your intentions are brought into effect without hassles and the family you joined into one remains together and no issues arise. ACREOK, for you, write your conditions, get your choices fulfilled.
Frequently Asked Questions
The donor on requisite stamp paper should sign the deed. It must be attested by at least two witnesses; the donee should accept the gift.
Gift of movable property, may or may not be registered. But the delivery of the property and acceptance of it is essential
No. When you give someone a Power of Attorney, you still have the right to control your money and property. However, you are giving your agent the ability to access your money. Your agent is not supposed to take or use your money without your permission, but there is a risk that a dishonest or unscrupulous agent might steal your money. It is therefore important to choose an agent you trust. You must go over the agent's duties before you sign your power of attorney.
A legal document that removes a previous claim or lien on an asset. A deed ofrelease is usually issued once a mortgage or other type of debt, previously secured against the asset, has been paid in full.
Any person above the age of 18 years and mentally sound may execute Will, but a Will caused by fraud or coercion or by importunately will not be valid and can be examined by a competent civil court. Therefore, a Will must be executed voluntarily.
Parents or guardians cannot execute Will on behalf of minors or lunatic children.
A Will must be attested by minimum of two witnesses is necessary.
A Scribe (deed writer / advocate) cannot be called witness because they have signed the Will in column of drafted by. Thus, two independent attesting witnesses other than the scribe are necessary.
A Beneficiary under a Will should not sign as attesting witness. In order to avoid disputes in the implementation of a Will, a description of the property and the name of the beneficiaries should be clearly written so that there is no room for doubt.
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