Object: Legal drafting litigation documents contracts legislation and wills

first Legal drafting litigation documents contracts legislation and wills,there is a great understanding of confusion in the public about a legal document called a will. For that reason that is why I have humbly tried to write an in-depth article on a legal document called Will. Who should make the will? What should taken care of while preparing the will, what is tax benefit of will declaration etc. After that I hope through our law firm/attorney at law that this article will be useful to the will maker and users increase their legal awareness.

Introduction:Legal drafting litigation documents contracts legislation and wills

Legal drafting litigation documents contracts legislation and wills. There is a great understanding of confusion in the public about a legal document called a will. For that reason that is why I have humbly tried to write an in-depth article on a legal document called Will. Who should make the will? What should be taken care of while preparing the will, etc. is mentioned in the article? After that I hope through our law firm/attorney at law that this article will be useful to the will maker and users increase their legal awareness.

First, this article is intended for free legal education and information purposes only from our law office/law firm and the said article should not prepare as proper free legal advice. As well as readers should contact us for proper and particular legal advice on the said article.

What is a will? Legal drafting litigation documents contracts legislation and wills

A will is a legal document/legal declaration that the testator appoint executors to administration of their assets and dispose of it to the interest of beneficiary chosen by the will maker.

Will under India succession Act Legal drafting litigation documents contracts legislation and wills

First you see, the provision of will declaration/document related under section-2(h), 59, 72, 63 and 87 of the Indian Succession Act, 1925 as well as under mentioned: 

Will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after testator death. It is a unilateral document and takes effect after the death of the person making it.

It can revoke or by altered the maker of it at any time he is competent to dispose of his property.

A will legal declaration made by a Hindu, Buddhist, Sikh or Jain is governed by the provisions of the Indian Succession Act, 1925.

Mohammedan are not governed under the Indian Succession Act, 1925 and they can administrate or dispose their own property according to the Muslim Law

Document require for will in India-Legal drafting litigation documents contracts legislation and wills

To prepare a will declaration, it is necessary to prepare as shown below:-

• Clear and specify your will(wish) regarding property administration after death
• You can prepared on your regional language
• Give your assets details
• Choose-beneficiary
• Who is your pet guardian
• Choose executor
• Collect proof of your entire assets
• Collect your ID proof and passport size photograph
• Collect ID proof of your two independent witnesses 
• The testator must personally present in the registration office along with two witnesses

Requirements of a valid will in India

1. There are must be an intention for the testament to take execute after the testator’s death
2. It is the legal declaration of intention with respect to property.
3. The declaration with respect to the property must involve a description of property and not the more appointed of successor.
4.  Will can be revoked or altered during the lifetime of the testators

Validity of a will Indian law

A will is legal document /Legal declaration declared by the testator. Will validity after death of testator can challenged in the court but certain time period. A will document/declaration can challenged up to 12 years after the death of the testator.

Make a will under tax law

1.  Exclusion of income-distribution to specific legatees u/s-168(4)
2. Assessment for executor after the testators death u/s-168
3. Tax planning for H.U.F. through a will- u/s-64(2)
4. Tax Planning for daughter-in-law by a will- u/s-64(1)(VI) and (VII)
5. T ax planning for charitable trust by a will u/s-11
6. Tax planning for discretionary trust by a will u/s-161(1)
7. Tax planning for trust of business  by a will u/s-161(1A)
8. Continuance of the file of diseased person after death u/s-168
9. Tax planning for minor children by a will u/s-64(1) 

Cost of making will document in India

Now you see, that the government of India not charged as fees for registration under the Indian registration act for registration of will document except scanning charges, photocopy charges which are very few. 

Legal will deed-legality

You can now see the original summary of the will under the Indian Succession Act:

(a) The testator will sign or attach his will, or be signed by another person in his presence and in his direction.

(b) The signature or mark of the testator, or the signature of the person signing for it, shall be placed in such a way that it appears that his intention was to influence the writing as a testament.

(c) The will shall attested by two or more witnesses, each of whom has seen the testator signing or attaching his will or the other person signing the will, in his presence and by the testator, or by the testator's signature or sign. Personal signature, or signature of such other person; And each witness will sign the will in the presence of the testator, but it is not necessary that more than one witness be present at the same time and no specific type of certificate is required. "

Legal will format India word file

In like manner, please download here

Study-case law

You see, now

• Jamanadas Versus Naveen Thakorlal and ors (Supreme Court of India)
• Vinodchandra S.Kapadia Versus State of Gujarat (Supreme court of India)
• Roshanben Deraiya Versus State of Gujarat(High court-Gujarat)

Conclusion

Lastly, all in all if the will is registered keeping in view the matters mentioned in this article, in sum the person making the will definitely get due to the benefit as per law. And in like manner it is also desirable to have a will registered with an expert property lawyer if possible.

If you have any questions or want more information about our Will article, you can let us know via email info@askbylaw.com. We will humbly try to resolve your question very easily and on time.

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