Go Below for Sample Will for Members
I have given a rough idea to write a will -It is very easy and it is a must for all 498a victims. Please do it today (VERY IMPORTANT). Donot let your 498a gang to celebrate your death with the property and money that you and your family inherited and hard earned for years and for generations. Write a Will and give it to your parents to use if some thing untold happens.... Every one should write one (NRI or Non NRI)
1. In India you need not need any format to write any WILL. You need to write mentioning the properties you have in your name and the money in your name and to whom you wish to give.
Better you write like this. All my immovable property including my ancestral property 1. xxx, 2.xxx, and the properties 1.xxx, 2.xxx and all my valuables including money in all my bank account including 1.xxx a/c in xx bank, 2. xxx a/c in xx bank. Any compensation amount or insurance payments are any other payment for me after my death or disability including 1.xxx, 2.xxx etc should go to these persons 1. xxx my father, 2. xxx my mother , 3. xxx my sister in equal shares. In case any of the above person is dead at the time of execution of this will then the above benefits should go to the rest of the person mentioned in this will.
2. Clearly mention that none of your property or money or any other benefits should go to your wife Mrs xxx as there is no trust prevail between us and she has initiated a false criminal case against me and my family and has harassed me and my parents.
The following is points you need to keep in mind while writing the will. There is no formal regulation to write a will in India. Write this in a legal size paper and get 2 witness with their address and better notarize it. I preferred to write it on my one hand with a blue/black pen instead of typing to give more authenticity.
Here are the absolutely minimum items in a Will. Otherwise, your Will, will not be valid.
1. Date. The Will must be dated clearly. Without a date, the Will is of no use. The date is used to determine which Will takes precedence.
2. Opening clause to identify yourself. This includes name and address.
3. Appointing executor and trustee. Name the person, again make their identity clear, so some form of identification is needed.
4. Distribution. Who gets what. You might want to specify certain items to somebody. If you are in a rush, you might just want to give everything to one or two person.
5. If you have children, you may want to appoint guardians preferrably your father or your mother or your sister/brother or it can be your best friend.
6. Residual clause. This is to take care of your assets that you did not mention in the distribution above. A residual clause is very important because if you forgot to specify items, it acts like an umbrella clause to ensure your assets are distributed. Otherwise, there will be partial intestacy.
7. Attestation. This means signed and witness by others.
The opening clause
1.In all Wills it is traditional to have an opening clause that identifies the testator (the person making the Will), their full name and address, as well as any other names by which they have been known. This makes it easier to identify the person who made the Will should any problems arise. The opening clause usually includes the current address of the testator being the last address where the testator lived.
2.The opening clause further states that the Will is ‘the testator's last Will and testament’ and that helps to demonstrate that the testator intended the document to be a Will.
Residual clause
Residual clauses have been used to bequeath money or gifts to charitable organizations or extended family. Typically, a residual clause is written to say: All the rest, residue, and remainder of my estate, both real and personal, wherever situated, I give, devise, and bequeath to the XYZ Foundation or person. It is the left over after you write the property or money to the specific person.
I don't think this is a must in the Will. Make it simple and valid.
Registration of will is not compulsory in India however it is a very good idea to get it registered - only to make it fool proof from some one disputing the will.
But it is equally valid if the Will is written and is not registered. What is necessary for a will to be valid is that is must be witnessed in the presence of two attesting witnesses, and the person making the will must be of sound mind. One suggestion (Personal) write the will on your own hand writing and get that Witnessed by two neutral person who is well known and would come and give proof if some one disputes the authenticity of the Will.
A sample WILL for SIF members: Personalize it as per your needs
Taking liberty to copy this. I apologize for copying this here. Only intention is to help our members.
WILL
I, HUSBAND S/O --- R/O aged (DATE) 28 YEARS, right now presently
residing at ADDRESS do hereby declare and execute on this 10TH DAY OF
FEBRUARY'2008 AT DELHI my solemn WILL AND TESTAMENT as follows:
1. WHEREAS, I AM A Hindu by religion and got
married with WIFE D/O X R/O Y on DATE OF MARRIAGE according to the
Hindu Marriage Customs & Rites at Delhi and out of the wed lock I got
one male child on DATE who expired after 13 days of his birth i.e. on
DATE.
2. Due to some matrimonial disputes by my
estranged wife WIFE D/O X R/O Y has deserted me in her own volition
on DATE. For these circumstances and regular threats of my wife and
her parents regarding adopt a property and jail (as per their own
words), my father disowned me and my wife from his Movable /
Immovable Property(s) and published an add for the same in Dainik
Jagran newspaper on DATE with the help of a Lawyer i.e. Shri Moti Lal
Jain R/o 29-C Ram Nagar New Delhi – 55 (Chamber No.45 Patiala House
Courts New Delhi – 01).
3. My estranged wife has been of quarrelling and
violent nature and had even been physically assaulting me besides
abusing me regularly on one pretext or the other and she has
ultimately left the matrimonial home and deserted in 06.03.2006 and
since then she is residing in her father's house at WIFE D/O X R/O Y.
Despite her various drawbacks, I still wanted to improve her with my
constant love and affection and made all out efforts along with my
different relatives to bring her back to our matrimonial home for the
same.
4. She instead filed various false cases against
me my parents and other family members. Her cruelty is increasing day
by day. Due to these circumstances my life is full of danger and I
feel that my life is but short and God knows when it may come to an
end. Hence, I with my free WILL and without any pressure make this
WILL with my sound predisposition mind. To several places that WILL
be a risk to my life.
5. I herby bequeath and make it very clear in no
uncertain terms that my estranged wife WIFE D/O X R/O Y do not have
any rights whatsoever in any manner of the Property(s) I leave behind
after my death.
6. I have executed this WILL on my volition and
without coercion signed and attested in the presence of the witnesses
after it was read over to me.
7. Hence I have decided to EXECUTE this WILL in
favour of MY ELDER SISTER AND ELDER BROTHER-IN-LAW who will have
absolute right of all my Property(s) and / or Rights after my death
with regard to my BANK ACCOUNT(S) INSURANCE POLICY(S) CPF (IIFT) AND
MOVABLE / IMMOVABLE PROPERTY(S) as described below on the following
terms and conditions:
1
I have been operating Bank Account(s)
OR
Status of Bank Account(s)
NOT APPLICABLE
2
I have been holding Insurance Policy(s)
OR
Status of Insurance Policy(s)
NOT APPLICABLE
3
I own Movable / Immovable Property(s)
OR
Status of Movable / Immovable Property(s)
NOT APPLICABLE
4
I have my own CPF Account in my office (IIFT – NEW DELHI)
OR
Status of Provident Fund
NOT APPLICABLE
5
I own Vehicle(s)
OR
Status of Vehicle(s)
NOT APPLICABLE
8. Hence all the above balance amounts in the
above mentioned Bank Account(s) Insurance Policy(s), amounts,
Movable / Immovable Property(s) mentioned above and other benefit(s)
if any shall go to MY ELDER SISTER & ELDER SISTER-IN-LAW (SMT.
SATYAWATI & SHRI ASHOK KUMAR) in case of my death.
9. I authorize hereby MY ELDER SISTER AND ELDER
BROTHER-IN-LAW to withdraw the necessary amounts from the above said
account(s) for the purpose of (CHILDREN OF ELDER SISTER AND ELDER
BROTHER-IN-LAW) education, donation, hostel & other miscellaneous
expenses on maintaining proper account.
10. In case of death of one nominee the other one
will take charge by default.
11. This is my last WILL AND TESTAMENT executed on
my own accord with mental stability without threat fear or influence
or force and further I declare that I have not executed any WILL in
favor of anybody sofor.
12. The copy of this WILL shall be in the custody of
my mother's brother i.e. MY MAMA S/O --- R/O.
13. The copy of this WILL may also be forward to
President of India, Prime Minister of India, Chief Justice of India,
Home Minister of India, UPA Chief Hon. Ms. Sonia Gandhi, Women and
Child Minister Hon. Ms. Renuka Chowdhary, Chairperson of Central
Women Commission, Chief Minister of Delhi, Commissioner of Police,
Deputy Commissioner of Munirka Village Area, SHO of Munirka Village
Area i.e. Vasant Vihar Police Station.
14. In case anyone raises any objection and
challenges this WILL the objection shall be treated as null and void.
15. And in the last & final wish, after death, my
dead body give to AIIMS, Director immediately, because I want to
donate my whole body / whole body parts to All India Institute of
Medical Science for recovery / transplant / deliver my body parts to
another needy persons / people / patient so that MAR KAR BHI ZINDA
RAHOON. No one can claim my body or body parts. It is sole / full
authority to AIIMS, Director who will take charge. I request to
AIIMS, Director you may do as per your criteria and your decision
will be the final one.
16. IN WITNESS AND EXECUTION WHERE OF I the above
said HUSBAND S/O – R/O have set my hand here under and on all the
proceeding pages on the date month and year at the place first above
written in the presence of the following witnesses:
WITNESS NO.1
TESTATOR
WITNESS NO.2
The contents of this WILL make and drafted by an ADVOCATE SHRI.
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