ReLakhs.com

Personal Finance & Financial Literacy Blog in India

You are here: Home / Estate Planning ( Wills, Nominations..) / How to write a WILL & Sample WILL

How to write a WILL & Sample WILL

Last updated: December 25, 2020 | by

The response to my previous post on “Online Will” was very good. Few of my friends and blog visitors requested for a ‘sample draft of a Will.’  The online Will writing service providers prepare online Draft Will based on the details you provide. There is no need for you to work on drafting the Will.

But, if you are planning to write a Will on your own then consider the below points. In this post, I have also provided a ‘Sample Will.’

Important Sections in a Will:Sample Will

  • Personal Details – You have to state your name, father’s name, residential address, Date of Birth etc.,
  • Declaration of Date – It is very important to clearly mention the date of preparing your Will.
  • Validate Free Will – You can mention that you are not under any influence and you are not forced to prepare this Will by any person.
  • Provide Executor’s Details – Executor is the person who will implement/execute your Will. Hence, clearly mention his/her name, address, your relationship with him/her, age etc.,
  • Details of Assets & Beneficiaries – This is a very important section. List all immovable properties with clear addresses. Mention the movable assets like bank deposits, insurance, units of mutual funds etc., Mention the name of beneficiary(ies) for each asset. (For Mutual Funds – mention the Folio no’s)
  • Signature – Sign the Will after mentioning the above details
  • Signature of Witnesses – You have to get the Will attested by minimum two witnesses. Make sure that they mention their father’s names and addresses.

Sample Draft Will / Sample Will Template

Below is the sample Will format:

I, Shri/Smt ………………….. son/daughter/wife of Shri ……………..,resident of …………………., by religion………….., do hereby revoke all my previous Wills (or) Codicils and declare that this is my last Will, which I make on this …….(Date)………………… My Date of Birth is ………….

I declare that I am in good health and possess a sound mind. This Will is made by me  without any persuasion or coercion and out of my own independent decision only.

I appoint Shri………………….. Son/daughter of ……………, resident of …………. to be the executor of this Will. In the event Shri…………… were to predecease me, then Shri……………., will be the executor of this Will.

I bequeath the following assets to my Wife Smt……………..

1. My house located at………(address)………

2. Bank balance of my savings account no…………………..with ……………(bank name & bank address)………

3. My Bank fixed deposits in …….(bank name)…..bearing ……..(FD receipt nos)……..

4. The proceeds of my Term insurance policy ….(Policy no)……, from…….(insurance company name)………

5. The contents of bank locker no………, with bank…………, bank address……………

I bequeath the following assets to my son Shri……………

1. Residential Plot no…….., located at…………….

2. My car with registration no……….

3. My mutual fund investments with folio numbers…………………..

4. Any other asset not mentioned in this Will but of which I am the owner.

All the above assets are owned by me. No one else has rights on these properties.

 Signature of Testator

Witnesses

We hereby attest that this Will has been signed by Shri………….as his last Will at ………(Place)……… in the joint presence of himself and us. The testator is in sound mind and made this Will without any coercion.

Signature of Witness (1)                                                       Signature of Witness (2)                                                                                                                                      

 Download free sample (Draft) WILL Document.

The above draft is just a sample Will. Kindly remember that there is no standard proforma or format for drafting a Will. It is always better to write an exhaustive Will. You may consult a Legal expert (or) consider utilizing the services of online Will writing providers.

Continue reading :

  1. Nominee Vs Legal Heir : Who will inherit (or) own your Assets? | Importance of WILL
  2. What is Ancestral Property? | Definition & Important Legal rules
  3. Leaving A Mark Before That Final Journey: The Last Will & Testament
  4. What is Streedhan? – Meaning & Constituents | How can Women protect it?
  5. Can a Mortgaged property be Gifted, Willed or Inherited?
  6. Five ways of transferring your Immovable (or) Real Estate Property

(Reference “Wills & Succession Planning” by R N Lakhotia, Image courtesy of Mister GC at FreeDigitalPhotos.net)

Sreekanth Reddy:

Sreekanth is the Man behind ReLakhs.com. He is an Independent Certified Financial Planner (CFP), engaged in blogging & property consultancy for the last 10 years through his firm ReLakhs Financial Services . He is not associated with any Financial product / service provider. The main aim of his blog is to "help investors take informed financial decisions." "Please note that the views given in this Blog/Comments Section/Forum are clarifications meant for reference and guidance of the readers to explore further on the topics/queries raised and take informed decisions. These should not be construed as investment advice or legal opinion."

Connect with Him : FacebookTwitterLinkedIn

  • Just one advise, Shri/Smt is never prefixed with Testator/Testatrix name. Rather, one can not prefix Shri/Smt with one’s own name in any writing.

    • Dear Sandeep,
      It is not necessary.
      There is no requirement under the law to obtain a certificate from a doctor at the time of making a Will.

      However, since Section 59 of the Indian Succession Act 1925, inter alia, requires that the person making his/her Will should be of sound mind, as a precaution against challenges to the Will on the ground that the testator/testatrix was not of sound mind at the time when drawing up the Will, sometimes (and especially when the person executing the Will is a senior citizen), a certificate of a doctor is obtained certifying the state of mind of the testator

  • sir myself and my aunt ( father’s sister ) purchased house jointly . My aunty doesn’t have any children and her husband expired few years back. As she is old aged is it better option to make WILL deed for transfer of her share in property to me after her death. kindly suggest. thanks

  • My wife and myself are owning shares in Demat account jointly and we have nominated our children as nominees. Likwise we have invested in Mutual Funds with joint names with children as nominees.
    1.Whether the shares automatically goes to the survivor or not. Can nominees object to that.
    2.If in the Will, it is mentioned that the shares should go to the spouse on other persons death and whatever remains after the death of the survivor, the balance should go to children(nominees). Whether is it ok and Will is valid.

  • My parents had a house in their joint names, which was sold by my father in 2013, after the death of mother same year. As my married sister is financially very well off, my father gave the entire money from sale to me (around Rs 30 lakhs) and I purchased a new flat in my name in 2014, by adding around 35% amount from my side as well. As this flat in in my name alone and my father has died recently, can my sister make a claim from me for giving her half the sale value of my parents house – being an ancestral property. I ask this as my sister had on few occasions told my father verbally that he gave the entire sale amount to me.

      • Maybe I wrongly mentioned ancestral property. That house was purchased by my Father in-law himself from his own money and was not inherited from his parents. Secondly, I had heard that there is a certain time period within which any claim has to be made, otherwise it gets Time -barred and then nobody can stake any claim. The house in question was sold 7 years ago and no written or informal claim has ever been made for a stake from the proceeds of its Sale.

        • Dear Partha,
          Your father or father-in-law??

          If it is a self-occupied property and WILL is not written then as per the Hindu Succession Act the property ownership gets distributed

          • Sorry, it is my Father. Moreover, the house had been sold 7 years ago itself and thus cannot be construed as Self-occupied by me. The money from its sale was used by me for buying a flat in my name alone and I stay in this flat, after adding 35% amount from my side as well. Do you have any comment on claims getting Time-barred. And can the Executor also be one of the Witnesses.

            • Dear Partha,
              Anything can be challenged in the court of law.
              Executor here refers to??

              “As per the provisions of the Limitation Act, 1963, the time limit prescribed to institute a suit for possession for enforcing a right relating to an immovable property is 12 years.”

              So, time-line can be around 12 years I guess..

  • good morning sir -please need a sample will in favour of son by his mother and sister regarding property of deceased father, thank you

  • Hi Sreekanth,I was married for 3 years after that me and my wife are staying seperately. my wife didnt gave me divorce.My divorce petition was dismissed by district court saying no strong reason to give divorce.In divorce case also I paid interim maintainance and then she files MC even for that I am paying maintenance. Its been 11 years my marriage happened and been 8 we are not together.I have son and daughter was born after she left home and said she was carrying at the time leaving the home. I dont have hope that we again together.My wife and her parents are fully money-minded.My wife simply saying I dont give divorce do what ever u want saying I have kids and not divorced hence after your death whatever you have property all come to us. I knew she ruined my life just thinking i have property.So i dont want my single penny to go her or her kids. Kids are no way in touch with me. I want to write WILL to donate to any charity. Is this valid or only kids are leagal heirs?I am feeling so tense and dont know my future so planning to write WILL. Please suggst atleast I feel satisfied that after my death my wife or kids dont get any of my own heard earned property also I dont have any property from my father.

    • Dear Surya,
      Can understand your feelings and emotions!
      But, aren’t they your kids?

      Are your entire property/assets self-acquired by you? Did she contribute to acquire any assets? Is she a joint-owner in any of the assets?
      Did she bring any Streedhan?

      • Hi Sreekanth,

        My father has passed away 20 yrs back. Further 3 years back my mother has transferred her share in the house to her younger son without knowing anything about will. Now we have come to know to about will which is on plain paper and signed by my father and 2 witness as well.in which he has transferred the property fully to my mother. Can we use this will to transfer the property to son fully.

  • Dear Sreekanth. Please advice me. I am USA citizen, My Mom and Dad and my brother are USA citizen but my sister is India citizen. (total 3 siblings). My dad have assets in both countries. how can he make will? does he require to make 2 separate will for each country? is it valid if he write a will on plain paper ? please explain. thank you.

    • Dear Bela,
      I am not very sure about the rules, guidelines and regulations pertaining to the Estate planning @ USA.

      Ideally, a Will for the Indian properties should be made separately and should never be clubbed with the properties overseas

      A WILL can be prepared by an NRI and can then be notarized with witnesses while the NRI is not in India.
      The will can then be Registered when he/she makes a visit to India (though the registration of Will is not mandatory).

  • i lost my mother in 1983. i was 16 years then. now i want to claim her maternal property as i’m bankrupt and has no other option. but my maternal uncle is not ready to share, it is a almost 50 lacs worth property which be
    ones to my mother. am i eligible and can claim through court?

  • Dear Sreekanth. Please advice me..I have two sons. We bought a house in the name of elder son and me. But my husband paid most of the money and little we had to borrow from the bank which my elder son was paying and sometimes we paid the EMI. The share certificate is in both out names. Can I give my share of the flat to my younger son? My husband is alive and has a property of his own. Thanks.

  • Dear Sreekanth, My husband passed away recently and we were abroad when it happened. I want to write a will right away just in case something happens. Can I use your format to do this even though I am abroad currently? Do I need to go to a consulate and get it attested or something? I really appreciate all and any help. Thanks. Mary

  • Dear Sreenivasaiah,
    Hey Thanks for sharing this valuable information with us. I really love to read your content regularly on Your Blog.

  • Dear Sir,
    self and wife both are working and acquired properties separately and jointly. Also have separate parental properties. can we make a joint WILL. Thanks

  • This is nice article you shared great information i have read it thanks for giving such a wonderful Blog for reader.

  • 1.My wife and i hold all our investment as well as the residential house Jointly . Is it possible to prepare a joint will and notarize the same without an executor.

    2. Is it possible to create an addendum to it , if required at a later date to be considered a part of the will , as above prepared earlier.

    • Dear Mr Mukherjee,

      Any two persons are entitled to make a joint will however a joint will is valid only if it is made by two persons who are related to each other or have joint ownership or are joint beneficiaries of any trust. A joint will is perfectly valid under all personal laws.

      Related article : Law Of Joint Will Indian Personal Law Context

      Adding an addendum to a will requires a document called a codicil. If drafted appropriately, the codicil will be considered a part of the will and read alongside the original document when the estate is probated.

      Kindly read : What is Codicil? How is it executed?

      Suggest you to consult a civil lawyer as well.

  • Sir, I have purchased a property by investing 100 percent , but regt doc have my and wife name . My wife is house wife . Can I make WILL for 100 percent property without involving wife? As I want to give to son but she want to give daughter.

  • Hi Sreekanth, We have property jointly owned by my wife and me. We want to will it to our daughter. Do we need to make 2 separate wills or can we make a joint will? Are there any draft or sample wills available that we can prepare our self as we live outside India? Any information you can provide would be much appreciated.

    Thank you

  • – A land measuring 6000 sq ft divided into 02 plots is in the name of mine and wife name. can i alone write WILL separately ?
    – Can WILL be registered in one state if property situated in 02 states?

    • Dear Mr Rawat,
      1 – After the bifurcation of land, are the two plots owned by you separately? Or both of the plots are jointly owned?
      2 – Yes, can be registered. But, to make things easy, it is ideal to get it registered in the same location (Sub-Registrar office).

  • I jointly own a flat with my wife. I understand that in the event of death of either of us, the ownership of the flat will pass on to the surviving spouse, even if there is no specific mention about it in the will.

    I want to make a provision in my will such that in the event of both of us (myself and wife) perish in an accident at the same time, I want that the ownership of property passes on to my daughter who is still not an adult.

    How do I make such a provision in my will.

  • Hi Sree,

    Do you know what stamp paper value is required for will? Also can we get it drafted by a notary and get it registered on our own.

    Nancy

    • Dear Nancy,
      Actually, the WILL can be written on a piece of white paper as well.
      If you are planning to go for a Registered WILL then kindly visit the concerned local Sub-Registrar office, they will guide you.
      Also, visit your State Govt’s Registration/Revenue Dept portal to know the fee details.
      Generally the WILL/Gift deed registration fees are nominal in most of the States..

  • Dear Sreekanth,

    My father who passed away a couple of years ago has written three separate Wills for three different properties for three different beneficiaries, registered on the same day (instead of listing all in a single will). Are all these still valid? Can each beneficiary apply for a probate with their own documents?

    Thanks for your reply.

      • Thank you Sreekanth. I did contact a lawyer and he was telling me that all listings/properties should be in one Will mentioned as Schedule A, Schedule B and Schedule C and hence the Will(s) written by my dad are all invalid except for the last one (though all were written on a same day, same time). I was doubtful with his theory and hence looking for a right answer through different sources.

  • Dear Mr Sreekanth,
    Need your advice and guidance please. I am the only child and son for my mother who is 77 years old. She has a house, jewellary and some deposits in bank which is self acquired one with her earnings as school teacher.
    She intends to give only to me. She wants to write a Will to be safe. Kindly advice since i am the only Beneficiary, is it ok for myself as an executor cum beneficiary.
    However we will have witnesses signing the same who are different and not beneficiary of the Will. Kindly advice. Thanks and Regards,

      • Dear Sreekanth,

        Thanks for your reply. My mother unfortunately passed away. I am the only child and son for her. She has signed a will written written by her grand daughter duly signed by two witness. She has named me as the sole executor cum sole beneficiary.

        While she has put my name as nominee in all her investments, in the PPF unfortunately nominee is not registered which has got unnoticed. This PPF investment through SBI.

        Being the sole executor and beneficiary, should the WILL be still probated.. I am asking this as there is no contestant. Kindly advice.
        Alternatively please advice should the Will be registered now to make it a legal document.
        Regards, Raghavan

        • Dear Raghavan,
          Sorry for the loss of your mother!

          For the registration of WILL, your mother’s signature is required. Now that it is not possible. You may just execute this WILL without any Probate. In case, your banker or if it is required, you may then probate the will.

  • Dear Sreekanth,

    Me and my father have multiple properties on joint name with 50% ownership and we have two more legal heirs. But he wants to write a will making me owner of everything after him. So, what will be the procedure of the same ? Also need to know how to write will for Joint Properties and other liquid amount.

    Regards,
    Naveen Puri

  • Dear Sreekanth

    My mother has one son and daughter want to write a will , she has two properties ( flats ) and four bank accounts and one locker . Three bank accounts have joint name with her son ( me ) and one account has nominee as son ( me) . She wants to make simple will giving one flat to her son and another flat to her daughter. Do she need to mention bank accounts and locker details also even though they are in joint account with her son .

    Thanks

  • Most unrealistic… “My Bank fixed deposits in …….(bank name)…..bearing ……..(FD receipt nos)……..”. I keep adding FDs and old ones get matured throughout the year, so does it mean I have to rewrite my will every month? It should read, “I bequeath to my wife all my FDs that I have opened in all banks”.

  • Dear Sir
    If i want to bequeath all my assets to only one person, then is there need to list out all my assets ? Or i can simply state that i am bequeathing all assets to the said person ?

  • Dear Sreekanth

    Suppose a person has various assets in his name. But currently he wants to make a WILL only for one of them. Is it possible to make such a WILL? If yes, Kindly let me know that how shall it be drafted.

    Thanks.

      • Thanks.

        One more question. whether he has to remain silent for other assets in the will? And whether all the assets should be listed out in this will?

  • I have my spouse and two daughters.I want to give my assets equally to them.Can I list my Fixed assets and investments in Fixed deposits in the will,and mention that one-third of the assets must go to each person?

  • Can a will include things like how to manage the assets. Say for example an independent house should not be converted to a flat. An agricultural land should not be converted to a residential plot.

  • Can anyone provide me with a template of medical fitness certificate for signing a will? What are the requisites of writing such a certificate? Should it be notarized?

    Thanks

  • Dear Srikanth,

    My father aged about 76 yrs has four sons and three daughters. He owns a house measuring 200 sq yds(not ancestral property). He wants to divide and give the property to his sons only.. first 110 sq.yds to two sons and other 90 sq.yds to other two sons. My query is will daughters have any right in this property legally after the will deed and if only will deed is sufficient for sons to inherit the property or should it be registered or gift deed should be done in sons names. Also kindly let me know if the two guarantors in the will deed should be blood related or relatives or any persons will do. Can my mother and brother-in-laws be a guarantors. Can two out of three daughters be guarantors or all three need to sign in any kind of NOC.

    Its a bit lengthy, but kindly help us with your suggestion.

    Many Thanks

      • Dear Sir,

        Thank you so much for your suggestion. I have a small query, Kindly advice. If my father writes half of the property to two sons (totally four sons) now and and remaining half to other two sons later as they are out of stations currently. Also kindly let me know if we can get the will-deed registered as gift-deed.

          • Dear Srikanth Sir,

            Thank you so much for the reply. One last question, as the property is being given to sons only (four sons) is it enough if my mother and one of my sisters (out of three) sign on the will as witness with clear comments by fathers in the will deed that daughters have no share in the property with proper reasons as to why daughters are not being given any share in property. Will the will-deed be legally valid if in future any of the daughters file a case. Currently all daughters are kept in loop and none of the daughters have any objections.

            • Dear M Rama Krishna,
              Kindly understand that anything and everything can be challenged in court of law in India 🙂
              But if they sign as witnesses in the Willdeed / gift deed and if it is clearly mentioned that they do not have any objections and do not like to have share in the property then it should be ok.
              Kindly consult a lawyer and take legal opinion too.

  • Dear Sir, I have two surnames and even the property in the city is by one surname and property at village is by other surname. so will it be a problem to execute will then-after? I don’t have any one closer in relation than my son n wife. So can I make them executor of my WILL.

    • Dear Sanjay ..It’s better to have one surname, which is as per your ID proofs (like Aadhar/PAN card etc), so that there won’t be any confusion or challenges for your legal heirs in dealing with the transactions. You may get the name changed in one of the Sale deeds.

  • I have two children, both NRIs. I have invested in Mutual Funds, Equity Shares, Bank FDRs etc; I do not have any property. I have made my daughter or son as a nominee in each of my investments. I am keen for the proceeds of my investments to be used by my children after my death for which my children will open a joint NRI Savings Bank Account. There is no issue about dividing the proceeds. Is there a need for a will as I have made my son or daughter a nominee in each investment? Will it suffice if I write a simple letter mentioning that I am bequeathing my investments to both my children in the event of my death to take care of Income Tax Liability?

  • For contact details of companies providing online will writing services, access indiaactivities.com and under heading ‘Assistance Activities’ click on link ‘Write Will to Distribute Assets’

  • Sree kanth Sir,

    Thanks a lot for responding to a large no of quarries on WILL Preparation. I have a small quarry . I have two sons both married living separately. My self and my wife living alone. In present day life you never know when death may strike you. So I wish to write my WILL while still I am in sound health so that my sons do not face problem in inheriting my assets after I pass away.

    While I would write my will dividing my assets amongst my sons, I wish to insert one clause in the will stating that in case my wife is alive after my death she be the sole owner of all the assets mentioned in the WILL and in case she is not alive or after her death, the assets be distributed as mentioned in the WILL. Kindly advise.

  • Dear Sir,

    I have a question regarding the will document created by one person.

    Person X wrote a will like below
    (1) One part of a land to person Y
    (2) Another part of a land to person Z

    Later person X gave part (1) to Y as gift deed.
    Then, Is the above will valid for part (2).
    The condition (1) become void because the part of land given as gift deed.
    Is the entire will void?

    Thank you

  • Sorry about multiple questions. One last please:

    Since assets are legally owned by my father and mother separately. Can a single WILL with a reference to ‘We’ or ‘Our Assets’ being bequeathed to me post death of both – be possible or would it require two WILLs executed by both separately. This was an important question, request you to kindly address this as well. thanks.

  • Also, what kind of documents do I need to carry to the registrars office. Both from my end plus my parents.

    thank you!

  • Hi Srikanth,

    Thanks for our insightful articles. Request your response on the following:

    I have a sister and unfortunately the relationship is not very healthy. Besides she is fairly well off from her husband and that side of their ancestral property. My parents have assests spread across their names and have verbally confirmed that all their assets will belong to me post them. Given the law granting equal right to siblings on parental property and my parents affirmation that all their assets will be bequeathed to me – am wishing to have a will documented and registered. Except for a miniscule portion; all assets are self-earned by my parents.

    Request your guidance around:
    1. Making the WILL legally valid and irrevocable.
    2. Despite the WILL can there be any claim my sister or her husband can make at a later date.
    3. My parents wish the will to bequeath their assets to either of them who survive the other and only upon both of them moving on (death) to me. How do I articulate this on the WILL.
    4. What is the suggested value of stamp paper to be used to have the WILL registered. Also pls guide around how to go about registering the WILL.

    Thank you and much appreciate your help

    Regards

    Krishna

    • Sir, My uncle has four daughters and a son.
      All his daughters have been happily married and do not expect anything in the property.
      He therefore wants to give everything to his son and his family in his will (with two witnesses’ and the doctor’s signatures). Will this create any problems in future for anyone? Kindly advise.

  • Hi Shreekanth,
    My grandmother passed away 8 years ago, the house which i am living is in my grandmothers name, she use to live separately in the same building, she came to our house 6-7 months before she passed away and she asked for a pen and paper and asked us to transfer the house which we are currently living to be transferred to my name, i asked my mother if we want to proceed to prepare a will she denied it so i did not proceed further. just to give you a small background about my family, my mother and father don’t live together since last 18 years and my grandmother actually played a pivotal role in getting him out of our life, she realized it that later when things backfired her so she asked us to transfer the house in my name, my Mama who is a rival of my Nana, The Rivalry started when my Nana did not distribute wealth properly among his only brother properly so he is taking out grudge by helping my father achieve his daily bread and just filling his ears against us and as it is my father did not want to work wanted an easy life where money flows in and he can easily spend, now mom worries about the property we are stuck.
    Please help!!!

      • I want this property to be transferred in my name as per my grandmother wish, she has signed in blank paper how to transfer the property?, i have all the proof of identity which has this address mentioned eg. passport, election card and ration card, etc.

        How can i go about transferring?

        • Dear Sameer,
          Without going through the document it is tough and advisable for me to give you any suggestions.
          Has the document been signed by any witnesses?
          Suggest you to kindly take help of a trusted civil lawyer.

  • Dear Sir,

    One of my cousin, lost his father in 2009. He has two sisters married and well settled. He stays with his mother and wife and children. His father has left an unregistered will with two witness and doctors certificate before his death making my cousin as the executor of the will for all his movable and immovable properties. The flat which they are staying is transferred from my cousin’s father’s name, (who is the original owner), to his mother’s name as per the society nomination. Now the building is under re development and the same is registered in his mother’s name. His mother has also nominated him in the agreement with a copy of the nomination form to the society. My cousin’s query is that
    a) Should another will be prepared by his mother or his fathers will should hold good as his mothers financial contribution is zero as she has been a housewife throughout her lifetime.
    b) can his sisters claim inspite of the will left by my cousins father?

    • Dear Ram,
      a) I believe that it is better her mother also makes a WILL making him as the solo owner (or) she can execute Gift Deed to him. Else, the other two sisters may also claim their share in the property.
      b) Is he only the executor or the beneficiary too? (as per the WILL).
      kindly read another article on WILLs, click here..

  • hai

    my grand father some property by regesterd gift deed in favor of my father
    my grand mother same property written unregesterd will in favor of fathers smalest brothes’S wife
    how to deel this problam
    plz give me one solution

    • Dear kgngupta..
      As the property has been gifted during lifetime of your Father, it supersedes provision of will. You may also get this confirmed with a civil lawyer.

  • I am 65 years old. I am having flat in my name, bank FDs and equity shares. I am also a Sebait of a Private Debuttor Estate which I inherited from my father’s “Deed of Settlement”. Prior to my father’s death, he was sole Sebait of our private Debuttor Estate with power of nominating to appoint Sebait after his death. Accordingly, my father appointed his three sons as Sebaits (only after his death) and I am the eldest son. Now I want my only son to step into my shoes after my death with conditions since my son does not stay with me for long. conditions will be, inter alia, that he has to stay in our estate and look after the Deity( Shree Shree Gopal Jew Thakur) and continue daily seva puja, which we are continuing. I do not want to divulge in my family. How shall I cover this

  • Hi,

    Can my mother write a will in favour of my elder brother or his son (we are 2 sons) for the properties registered in her name.

    The properties in her name are acquired by selling my dads ancestral property when my dad was alive.

    Currently my dad has expired and I want to know if my mom can make a will favouring only my brotehr or his son.

    Thanks in advance.

    • Dear Navaneethan..She can write a WILL on ancestral property but it can be limited to her share in the property (as it is an ancestral property).
      An ancestral property can not be passed on totally.
      In case, if you wouldn’t like to have your share then you can execute a ‘Relinquishment Deed’.

      • Thanks a lot for ur response. It isn’t direct ancestorl property. It was a new property which was purchased selling dad’s ancestral property and my mom did not have any income or work to buy this property.
        So.all she can make a will oqzn her share in property (since its a new property bought by selling ancestral land) and not the whole thing.
        Have a great day

  • Dear Shrikanth,

    I am unmarried and bought a house from my own saving in 1992. MY friend was with me right from the purchase of plot, construction and thereafter. We are of same age and retired teachers from a private school. Now I am writing my Will bequeathing my property to my Niece, my brother’s daughter. But I want my niece to take legal possession of the property only after my friend’s death who was with me while good and bad times. I want my friend to live in the house until her death and then my niece can take the legal rights of the house.

    Could you please tell me whether its possible, and what are the wordings I must write

  • Hello,
    1) should a reason be given why all the assets are being left to only one child out of
    three ?
    2) does the joint holder of bank deposits become the automatic sole beneficiary of the deposit ?

    • Dear Naresh,
      1 – I believe that it is not required.
      2 – In case of unfortunate death of one of the holders, the other holder automatically becomes the owner of the investment/deposit.

      • Hi.
        Thanks for your reply.
        Just to be clear, the First holder of a joint fixed deposit cannot WILL this deposit to someone else in his WILL. Is this your contention ?
        If so, then does this fixed deposit in joint names need not be mentioned in his WILL since the money in this deposit automatically belongs to the other joint holders ?
        Naresh Arora.

        • Dear Naresh,
          Joint a/c holder under the either/or survival clause, makes either of the parties the natural owner of the investments in case of any unexpected turn of events.
          But kindly note that, a WILL can still supersede the nominations or beneficiary list w.r.t to joint accounts.
          “All investments except company bonds and equity, nomination does not provide ownership of your assets. The nominee will only be the custodian of the asset till it is given to its beneficiary. To ensure the nominee becomes the final beneficiary, you have to ensure there is a will to bequeath your wealth in a hassle- free manner.”

  • Dear Mr. Reddy,

    Firstly thank you soo much for such an informative article. I have been reading about this all over the internet and its all so confusing. I actually needed a clarification, as i was reading in another blog, that when the testator of a will signs the will, this must be done in the presence of 2 witnesses and they should have seen the testator sign or affix his mark to the will. Is this correct and can you confirm the same for me?

    Thanks for your help.

  • Dear Mr. Srikanth
    Your effort to help prepare a Deed Document is commendable. I would like you to add, if possible, a similar format for different types of deeds; for instance, Joint / Mutual / Concurrent etc so that it will be facilitating the specific needs.
    I have two doubts; firstly, my wife and I have a property on a registered lease deed. Can we include it in our Joint Will or not? Secondly, can we include certain conditions in the joint will; for instance, a fixed amount of interest FD should be sent exclusively to a charitable institution (which has already been initiated) or not?
    With regards,
    Dr. P. V. Sreenivasaiah

    • Dear Sreenivasaiah,

      i) As far as the Property on Lease deed is concerned in case it is a Lease Hold Property. In case of leasehold property, so long as lease does not expire, the bequest is effective. If the lease expires during the lifetime of a testator, no bequest is made. However, the same is not the case with a Freehold property. I suggest conversion of property into a freehold property after the payment of requisite fees, which would entitle you to bequeath the property by way of a joint will.
      ii) Although a single document, the joint will is a separate distribution of property by each executor (signatory) and will be treated as such on admission to probate.
      iii) With respect to the condition as to the fixed amount of interest to be sent to charitable institutions the same can be included in the Joint will.

      Hope this helps.

      • Dear Mr Sreekanth
        It really is a laudable effort you have been making. I have seen many confusing narratives about the will.
        I have a query too: I have some properties jointly with my wife an some others in my single name. Also, I have ancestral property which is in my name.
        My query is: Can we deal with all these in a joint will or need separate ones? Any other format which will simply these issues?
        Thanks and regards

        • Dear Kiran,
          For properties which are in your name, you may write a stand-alone WILL and for others you can make a Joint-Will.
          My suggestion would be to take Professional help.

  • Hi. There is a special case in which one of my friend’s grandmother had two properties on her name, one on freehold, and one of leasehold. But she passed away about 10 years back. Grandmother has 4 kids and she left a will (registered) that both the properties should be given to only 1 person (A) out of 4. But A has not done the transfer of title yet, means both the properties are still on A’s mother name (here means Grandmother’s name). Now A wants to draft his own will. Can A transfer these two properties to his heir, because as per Will, these properties belong to A but properties are still on A’s mother name? Is it possible? Jurisdiction: Delhi, India, Hindu

    To make it more clear above, the two properties were originally bought by grandfather. Grandfather passed away, and then properties owner name changed to grandmother name.

    • Dear Ankur,
      I believe that the WILL supersedes inheritance laws, but only for the property which is solely owned by the deceased.
      The son (A) has the rights to sell/transfer the properties as per his wish.
      Do consult a legal expert on this.

  • Dear sreekanth Reddy your services to the needy through online is helpful. thanks for the service you are providing.

    Dear i have a small doubt regarding will. Please guide me in this regard.

    A person has written a will naming the executors as his grand sons for the inherited ancestral property. the son of the will writer sold the property WITH or WITHOUT knowing the existence of the will.

    Now can the grand sons of the will writer have any right to claim the property from the purchaser( present owner) of the property

    please guide me sir

    thanks and regards.
    BALU G M

    • Dear BALU,
      Let me know, the grand-sons were all MAJORS when the transaction happened?
      I believe that grand-sons can claim their share in the property based on the WILL.
      But kindly note that I am not a legal expert, hence suggest you to consult a lawyer and take a legal opinion on this.

  • Dear Sreekant Reddy,

    I have gone thru all your advise given to others in their needs, but I am really grateful to you for the simple service you render to humanity, God Bless you, keep doing the good work and help the needy.

  • I and my husband nominated each other for our Shares Demat accounts, FDs etc. Further we have Bank accounts payable to Either or Survivor of us. We also have independant residential properties. Now, we want to execute a joint will stipulating that though we nominated each other for our Share Demat Accounts, the survivor of us can only enjoy the interest portion on FDs and proceeds of Shares to be kept as FDs. We want to execute a joint will bequeathing different Properties and amounts of FDs for our son, daughter and grand children. Can we do that? will such a will override the nomination given to Banks? or is it better to cancel the existing nominations and nominate each of them for different FDs. Is there a provision to nominate successive nominees for Bank Deposits?

    • Dear Kumari,
      As per legal Experts ; a nominee is merely a trustee, who must distribute the assets to the legal heirs named in a will, or as per succession laws.
      However, there are some investments, like company shares, where the provisions of the respective Acts override those of succession laws.
      As per RBI’s guidelines, the nominees in the case of bank accounts, mutual funds and other investments also need not be the automatic, sole beneficiaries. Legal hiers will have rights on these investment proceeds.
      So, suggest you to consult a legal expert and get your WILL drafted.

  • My father has suddenly been diagnosed with terminal cancer and has no previous will. In this case, we would like to create a will with all assets to go to my mother on his passing – is there any general language we can use when drafting the will such as ‘all assets including bank accounts, stock holdings…” without giving too many details like exact account numbers etc. as we may not have an exhaustive list of assets readily available with us. Thanks.

  • Pl advise on:
    1. If the beneficiary can be named as the ‘executioner’ of the Will?
    2. Though it is always advisable to list out each item of the assets, in my case, however, I do not have the complete list of all the stocks & Mutual Fund investments that I have made over the past 40 years or so. I would have, say, 90 % of the list. In some cases, the original document (share certificate) is not handy and, I may become aware of its existence when a dividend warrant or some communication from that company is received.
    Is there any way one can include such ‘unknown’ assets so that at a later date the beneficiary is not put thru much difficulty?
    Thanks & regards
    Suresh

  • my father in law want to write house which is his father property and in that house all his brothers family also living and my father in law also have 3 rooms ocypied and they live in other house (own house).they want to gift their daughter (my wife) please just sent simple perfoma and all needs.brother of my father in law,my brother in law and every body can witness.please do what as per law so in future dont have any problem

  • Dear Mr. Sreekanth, you are doing a wonderful job. Aprreciate your efforts of taking out time and guiding us.

  • Thank you Mr Sreekanth for your prompt reply to my earlier query.I have a few more questions.
    1)Can we mention the names of two beneficiaries as executors of the will, the second executor will act only in case the first one is unable to act due to whatever reasons like death, ill health,etc.
    2)Will it anyway help if we mention the names of beneficiaries’ children in the will to enable them to get establish their claim on the bequeathed property
    2)Will the revenue authorities on application change the land records in the name of the beneficiary solely on the basis of registered will so that the beneficiary can sell the property without any problem
    Thank you very much

    • Dear vijayan,
      1 – Yes.
      2 – Yes. You can mention the names and the conditions as to when they can claim their share.
      3 – They may ask for legal heir certificate & death certificate too..

  • While mentioning the details of Fixed deposits with banks what precaution should be taken to ensure that the subsequent renewals are also covered in the bequeathed fixed deposit.This is necessary as some details of fixed deposit given in the will like date of maturity etc. may vary in due course of time Thanks in advance

    • Dear vijayan..So, it is advisable to just mention all the deposits or balances available with a particular bank branch or bank accounts (deposits linked to the bank accounts).

  • Dear Srikant,

    Is self written will on the white paper by Testator valid in some situations before getting it registered. and suppose can that be considered as valid incase after the death of Testator?

    • Lets assume Testator would be husband, he is intention is to share his property or savings not only to Wife and but also to his sister (as sister helped economically in many situations), but after the death of Testator, Property should be in parents care, after their death only, this equal share should be done, is this possible?

  • Dear Sir,
    Can the witnesses be the relatives? Either of the husband or the wife?
    Please elaborate if they can be relatives in the eyes of law?
    Regards.
    Krishna Jog

  • Dear Sir,

    I Lost my father in 2013 due to veazing and brian clots problem all of a sudden. We have Property located at Chennai in his name. But he didn’t write any Will. My mother is staying with us, we are one elder brother, me and my sister who is already married in 1990 with a son and staying with her husband and inlaws. As we want to settle her some amount and release the property either in my or my brother’s name. This is okayed by my mother and brother. But my sister wants equal share and fighting for it. Pl advise what to do?

    • Dear Srinivas..All of you (mother, two brothers & sister) will have equal rights on the property. It is better you all reach to an agreement and sort this out through a lawyer. If she decides to give up her share (relinquish) by accepting cash, suggest you to make this settlement through a formal document (property partition) and through a lawyer.

  • I am a widower and having only one married son & blessed with my grandson. It appears that my son is more inclined towards his in laws and spends most of his money for them, probably with the influence of his better half.
    Out of my few immovable property, i wants to make my present grand son and future siblings of my son .so that my son can not sell the property on his in law’s insisitance. Being my only son, I wish to leave one property for his own. Kindly advise.

  • Dear Srikant,

    Does a WILL require that the area of the property be specified? The property inherited by my mother does not specify the area, but mentions the survey number, (village,etc) and the house name. The village office is refusing to transfer the property in her name since the area is not mentioned. is their stand justified?

    Regards,
    Venugopal

  • Iam an old man having little assets only , but I got best wife &this is my great asset ever! and off course two girls , one great son who is working in BSF. in India. particularly Kerala having serious consequence is that, after death of best husband there is a set back to their simple innocent wife, mother runs hard to live due to non protectct of day to day activities by the son even by daughters . let see a Tami picture (mouna guru) that fiction is communicate well.
    some time treat them as a house made up to their death , taking all the writes &assets by son or by daughters.
    I strongly advice all those who love mothers , they should prepare a simple will in their mother tongue and known to them properly. and some reliable person to authorise , that to compliance is effected.
    thanks .

    • Dear UNNIKRISHNAN,
      Thank you for sharing your views.
      Yes, it is very essential that everyone has to write a WILL, so that the assets are distributed to his/her wishes in future.

  • Great and simple guidance – do thse rquire a lawyer ratification or registration etc on stamp paper etc.?

  • A Question?
    Can the will also include how the assets should be later used or disposed?
    I would like my wife to enjoy the assets, but after her death, I would like to state my desire on how they should be distributed and limit/protect any discrimination. Is this possible? how to word it?

  • Thank you for your valuable guidance. You are doing a good service to the needy people of the nation.

  • Nice….intention to serve the needy. Some times it is not possible to go to a expert. It is really helpfull those persons like me.
    Thank you once more.

    • Share!
    Share!
    >