Know why a will is important and what is the way

The decision to entrust the right to use one’s property after death is called a will. The testator tells in the will who will get what part of his property after his death.

Why a will is necessary Why will
If no one has made a will and dies, then there is a fear of a family quarrel over property sharing. Failure to devise a will leads to the possibility of an unknown person being captured. If you want to give the rights to the daughters too, then it is sure to do so by will.

What is a will

Own earned movable assets like cash, household items, jewelry, bank deposits, PF, shares, shareholding of a company. Owned real estate such as land, house, shop, farm etc. Any movable or immovable property received from ancestors in your name.

When to get a will done When to get a will
It is good to have a will immediately after retirement. 60 years old is the best time to get a will. If a person is suffering from a serious illness at a young age, a will can also be given earlier.

Method of testament – Can be written on plain paper
There is no fixed form of will. It can also be written on plain paper. A hand written will is better. Write clearly about the property that the property is named after. Be sure to mention his name, father’s name, address and your relationship with him.

Will to own your entire property. The property which will not be devised will be at risk of quarrel after death.

If there is a joint property with the partner, then only the property which is in the name of the will can be executed. The right to the will of the partner’s property rests with the partner. If both are equal shareholders, then a partner can only make a 50% share. Can be done in any language. Stamp duty is not mandatory.

A will can be changed anytime and any number of times. Try to make the will short and come to a page. This will not require the vitanus again and again. If you come on more than one page, get the signatures of both the witnesses on every page. Do not ignore daughters without reason. Remember, the law gives them equal rights.

Full proof of will Full proof of will
Make a list of all your properties and then think with whom to give a cold mind. Write or type in your handwriting on plain paper that you declare in your entire senses who should get what part of your property after you.

Witness two people who recognize your handwriting or your signature. Sign witnesses and your signatures on every page and get your thumbs up. Get this will registered by going to the sub-registrar office and get it registered in the registrar’s register. It is good to have a video recording of the entire process of the will. By the way, this is not required by law. What to do if this happens?

If a witness dies before the testator, the will should be made again. When making a will again, be sure to cancel the first will.

Even if the will is lost, get the will done again and it is better to change it a little, so that the first will is assumed to be canceled. If the death of the testator and the death of the witness occur simultaneously, then the handwriting of the testator and the witness is his proof. In such a situation, one should look for someone who recognizes the handwriting of all three or signatures of all three.

Whom to make a will witness

Make the witness someone you trust. Such a person cannot become a witness, who is being given a share in the will. The witness should not benefit directly or indirectly from the will. Remember, if the witness is getting a share from the property then the court can also cancel the testimony. The witness should be in full consciousness. His mind must be repaired. Both the witnesses must be healthy and less than the age of the testator. There is nothing better than having one doctor and a lawyer from both the witnesses.

The presence of the doctor proves that the testator was at that time conscious and that his mental condition was correct. In the presence of a lawyer, it becomes clear that the will has taken legal advice.

According to Indian law, a person of any religion and language can get a will done, but if the will is not done, then the court will have to go to the property sharing. The court will take into account the law prevailing in their religion while deciding this. In such a situation Hindu law is applicable to those who believe in Hinduism, law is applied to those who believe in Muslim religion according to Sharia.

Similarly, non-Hindu and non-Muslim people are decided according to the Indian Succession Act. If no one raises a finger on the will, all is well, but if someone knocks on the court in this case, the law will investigate the whole matter. You can also do your property in the name of a trust. The advantage is that it gets up to Rs 1.5 lakh in rebate tax.