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Author Topic: What are the details required for preparing a Valid WILL in India  (Read 1246 times)

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Offline gopalpandit

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What are the details required for preparing a Valid WILL in India, this is for My NRI uncle residing in Canada.

Kindly help

Offline Advocate-ashoksen

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Re: What are the details required for preparing a Valid WILL in India
« Reply #1 on: February 19, 2014, 12:03:41 AM »
For preparing the WILL i have Laid down the entire process given below:

1) Full name of the person making the Will

2) Age

3) Residence address

4) His present profession, occupation, if any, or if Retired

5) Details of his /her immediate family members, that is to say, name of his wife / husband, names of his / her sons / daughters, if any.

6) Details of specific movable and immovable property which is owned by the person which he / she wants to give under the Will;

7) Full Name of the person to whom each of the specified movable and immovable property, he / she wants to give in Will. Name of alternate person, if the first named person, pre-deceased the author of the Will.

8) Name of the person who will take control of the property of the person so as to secure that the person to whom properties are given in the Will are duly handed over. The person so appointed must be a most trustworthy person. He / she may be a family member / legal heir or may be a close friend. Also, the said person may be a beneficiary under the Will. He is called the Executor under the Will.

9) If the person has any desire that after his death, his any of the body organ like Eyes or any other transplantable organ be donated; or he be cremated with plainness and his / her ashes be immersed in the sacred waters of ...........................

10) Full Name of person / persons who will get all the property movable and immovable, which are not specifically given to any person in the Will; any / all properties which are acquired or left out in the execution of the Will. The said person is called residuary legatee.

11) Full name and residential address of two or more persons who will ―witness‖ the execution of the Will. The witnesses attesting the execution of the Will must also a person of sound mind and not being a minor.
Advocate Ashok Sen Calcutta High Court

Offline advlaxmanadvani

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Re: What are the details required for preparing a Valid WILL in India
« Reply #2 on: May 05, 2014, 12:01:42 AM »
Most important point in regards to a WILL is get it drafted by an experienced lawyer, reason being that it is a wish of a dead man to be executed as par his wish, as the dead person wont be there to guide.

most people compromise in this aspect and draft it themselves, thereby inviting litigation

Advocate laxman Advani
 Ahmedabad legal Practitioner


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