WILL

(A brief Introduction)

A Will or Testament is defined as declaration, made in accordance with the formalities required by statute, of the intention of the person making it with regard to the matters, which he wishes to take effect upon or after his death. Until then it is a inchoate or ambulatory document which can be revoked, modified or substituted by another such document.

Will is defined in Section 2(1) of the Indian Succession Act, 1925 as the legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death.

Testamentary document is of two types;

(1) A Testament or Will and

(2) A codicil (Section 2(b) of the Indian Succession Act, 1925) is an instrument made in relation to a Will and explaining, altering or adding to its disposition and shall be deemed to form part of the Will. A codicil unlike a Will is not an independent document but is an appendage to the main document that is the Will.

Person capable of making Wills: - Every person sound mind not being a minor, may dispose of his property by Will.

A married woman may dispose of by Will any property, which she could alienate by her own act during her life.

No person can make a Will while he is in such a state of mind, whether arising from intoxication or from illness of from any other cause, that he does not know what he is doing.

Will obtained by fraud, coercion or importunity: - A Will or any part of a Will that making of which has been caused by fraud or coercion or by such importunity as takes away the free agency of the testator, void (Section 61 of the Indian Succession Act, 1925)

At least two witnesses should attest the execution of the will

Format of a Will

(Note: This is only a draft format and not a format prescribed under any law. This format can be used with modifications suiting to your requirements wherever it is necessary. In case of doubt regarding payment of Stamp duty and Registration fee etc. contact the concerned District Registrar or Sub-Registrar.)

Registration of will is optional.

If will is presented for registration the Registration fee is payable Rs.200=00 plus copying, endorsement, comparing, postage fee also chargeable.

Registration fee can be paid in cash or through D.D. in the concerned Sub-Registrar Office at the time of presentation of the document for registration.

[You can download this Will deed format]