Act smart - Make a Will to avoid property disputes

Making A Will Document For Property In India

Every individual works hard through his lifetime to make his own life better and also to give his loved ones a peaceful and luxurious life. Therefore he wishes that his earnings are properly distributed among his heirs and family members without any hassles. Whenever an individual seeks legal advice on property in India, advice on making a Will is one of the key issues. He can prepare a Will stating how his assets are to be divided. For property in India an exclusive will document should be made.

WHAT IS A WILL?

Will is a legal declaration of the testator about his intention of distribution of his property that he wants to be carried into effect after his death.
In simple words, making a Will enables any living individual to rightfully declare how he wants his assets and wealth to be divided after his death. It is a way to ensure that testator's wishes are followed harmoniously and dutifully even after his death.
 

 

THE LAW APPLICABLE TO WILLS

India has a well-developed system of laws that governs a person’s wish regarding the property after his death. Legal advice on property in India is sought to take care of all major dispute issues that arise related to property. These rules apply to wills and a codicil made by Hindus, Sikhs, Buddhists, Parsis, Jains, and Christians but not to Mohammedans as Muslim Personal Law mainly covers them.

The laws that apply to the Wills are:

•The Indian Succession Act, 1925
•Hindu Personal Laws
•The Indian Registration Act, 1908
•Muslim Personal Laws

WHO IS ELIGIBLE FOR MAKING A WILL?

From the Indian Succession Act, Section 59 states that any person of sound mind who has reached the age of majority.
The following individuals cannot make a will:
•Lunatics, insane or mentally disturbed persons
•Minors i.e. below 18 years old. In case a guardian is designated to a minor he will reach the age of maturity at the age of 21 years
REMEMBER
•A dumb, deaf, or blind person can be entrusted with making a will if he is capable of understanding what that document is meant for.
•Even if a person is ordinarily insane, he/she can make a will as and when he is of sound mind.
•An individual cannot make a will if he is under the influence, intoxicated or ill, therefore, does not know what he is doing.

IMPORTANCE OF MAKING A WILL

Every individual wants to have a meaningful and dignified life and feel content when he looks back on the life lived. In the same way, he would like that after his death the same dignity is maintained in handling all the related matters. He would be concerned about all the affairs related to his property after the demise. It would be a natural desire that his wishes about his property be followed after the death. This is where the importance of a legal document – the Will – comes in.
A will is essential as:
•It can help the testator to ensure that his property is distributed among family members as per his wish
•It can assist in avoiding conflict/ turmoil for the family after his demise

PREPARATION OF THE WILL

Any person who isn't a minor has the freedom of making a Will. An individual who is competent to interpret what a will is, what type of property they are distributing and among whom he is distributing the property.

PROCESS FOR REGISTRATION:

•Besides merely making a Will document, the testator requires getting the will registered with the sub- registrar/registrar with a nominal registration fee.
•He must be personally present with his address proof at the registrar’s office with the witnesses, their photographs, and address proofs.
•To prove the execution of will signature of the registrar is sufficient;
•It is not necessary to register a will or codicil but one should do it to protect their loved ones.
•It is not required to get the will or codicil to be stamped at all.
Making a Will document can ensure that the wishes of the testator/deceased person are fulfilled without any stress and makes easier for family members to sort out everything.