✔WILL REGISTRATION IN MUMBAI ✔WILL REGISTRATION IN NAVI MUMBAI ✔WILL REGISTRATION IN THANE
WHY WILL IS IMPORTANT?
If you desire that after your death all your properties should be transferred to your heirs, relatives or any other person in manner you want to give them without any legal complications, confusion, legal disputes, Will is the only solution and way to transfer your properties and that’s why you must make will.
MEANING OF WILL –
A Will is a legal declaration of person’s intention which he desires to be performed after his death.
WHY MAKING A WILL?
The basic idea behind concept of Will is to give the rights to the individual to decide how his properties will be transfrred in the manner which he seems fit good.
For Example- If you have 2 sons and 3 properties. You wish that after your death out of 3 properties 2 properties to be transferred to your elder son, then you can declare your said intention in Will and do Will Registration, so that after your death it will be followed by your children as declared in Will.
If you will make a Will, your properties will be divided as per your intention given in Will and the said WIll will prevail over your personal law of succession. If you will not make a WIll then after your death, your property will be claimed by your relatives as per law of succession applicable to you irrespective of the desire during your lifetime to particular property to particular person in family or if you wanted to gift some of your property to your servant or friend.
Generally if a person don’t want any litigation or dispute over his WILL can also go for Gift Deed registration for direct transfer of the properties.
ADVANTAGES OF WILL
- There will be no confusion if you will make Will as there will certain direction to the members of your family for disposal of your property.
- Will is the document where you can mention your desire to transfer the property to the particular person in addition by stating your feelings, love, reasons for family members.
- Suppose you have some family members or servant who are handicap or they dont have anyone to look-after once you are dead, in such situation by making a Will you can make their arrangements which will took place after your death.
- Main and best reason to make a Will you can avoid the dispute between family members in respect of your properties which is highly probable if you will not make and register Will, after your death there will be huge fight and dispute between your children.
- If you have son or daughter or wife who did not took care of you in your lifetime, you can simply keep them away from your property by making a Will.
- In today’s situation of Pandemic or cyclone or unavoidable circumstances like serious road action, life is uncertain, Hence making Will is best option for everyone.
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TYPES OF WILL
- Joint Will– Joint Will are Will made by 2 or more person jointly and the said Will take effect after death of both.
- Holograph Will – This Will is Will entirely wrote by the person making Will in his own handwriting.
- Conditional Will – This Will have certain condition or event to take effect intention. For example – If my Mother died before my wife then only my wife will get all my property.
- Mutual Will – In this 2 people make Will and gives each other rights on property owned by them. For example – If “A” and “B” executed and registered the Will whereunder it is written that after death of “A”, “B” will get his property and After death of “B”, “A” will get his property, it will be called Mutual Will.
- Privileged Will – When Soldier who are working in War situation and during War if he declare his Will by mouth before witnesses, it is called privileged Will.
ELIGIBILITY FOR WRITING A WILL
- He or she should be having sound mind.
- He or she may be knowing what he or she is writing/deposing in the said Will.
- There should be no influence/pressure/ fraud/coercion on the person making Will.
- Writing a Will should be his or her act done voluntarily by him or her.
WILL REGISTRATION
IS IT MANDATORY TO REGISTER A WILL?
It is not compulsory to Register a Will. As per Registration Act, 1908 registration of Will is optional. So it is mandatory to register a Will under Registration Act, 1908. If do you have to register a will, it will be simple procedure and also gives the strength to your will and testament.
BENEFITS OF WILL REGISTRATION :
- Will is registered at Sub Registrar offices, where the copy of the Will is scanned and store in Government server after the Registration, so there are no chances of mischief like tearing or damaging, burning of Will, took place.
- Will is scanned and store in Government server after the Registration, so no one gets a copy of it from the Sub-registrar except person declaring will/ Executor of the Will/ Representative.
- Copy of the Will is in safe custody means server of the Government for the lifetime, so no chances of theft or damage or loss of Will.
- All the people i.e Person who is making Will, 2 witnesses sign and execute the Will before Sub-registrar, their photographs and thumb impressions are taken in the office of Sub-registrar, which removes all doubts regarding executing of Will by any duplicate person or sign is forged. Simply by registering your Will, you make government officer witness of its execution.
DOCUMENTS DOCUMENTS REQUIRED FOR WILL REGISTRATION :
- PAN Card.
- AADHAR Card.
- Doctor’s certificate of the day on which you want to register a Will, whereunder it is mentioned that you have been examine by him or her and you are physical and mentally fit to depose.
- PAN card of 2 witnesses.
- 2 Photos of person making Will.
PROCEDURE FOR WILL REGISTRATION :
Will registration procedure is simple like any other document registration took place at the Sub-registrar offices. Want to know how to register a will? Following is the will registration process.
- Property registration Lawyer will draft Will as per your instruction and mail you for your approval.
- Once draft of Will is approved Property registration Lawyer will lodge WILL draft along with a compilation of documents in the Office of sub-registrar.
- If document queried they will call us at the office of resolving same.
- Once it is approved by the Registrar Property registration Lawyer will pay stamp duty online and attach challan to the documents.
- Thereafter on a day convenient to you, will facilitate registration of the final document of WILL.
- After registration you have to wait to received registered Will. (Please note that as per rules Office of Sub -registrar handover the final Registered Will to the person making Will only.)
REGISTRATION CHARGES FOR WILL :
There Will registration charges are very nominal for property will registration. There is no stamp duty for will registration. You have to pay only document scanning charges of the Government @Rs.20/- per page.
Online registration of will in Mumbai is not possible currently but by using government website you can scan document and send it online to registrar to get approval in advance before going for will registration.
WHAT HAPPENS AFTER DEATH OF THE PERSON MAKING WILL?
EXECUTOR OF WILL :
Executor of Will is executor of estate mentioned in the WILL by the Testator. Will is legal declaration of person to dispose or transfer his properties as per his desire after his death but after his death who will do this work?? Answer is Executor. Person making WILL should disclose name and address of the person who will approch the court for probate of the Will so that property can be transferred as per wish mentioned in WIll.
PROBATE OF WILL :
Probate means a Will is certified by the Court as genuine and true. Once person died executor of WILL can file it in court with all required documents. Court sends notice to all the legal heirs of the deceased testator. Option to the legal heirs is to contesting a will or give consent to it. Once it is consented, probate will be given by the court. If will is not registered there could be possible objection from the relatives.
VERY IMPORTANT THING TO KEEP IN MIND WHILE REGISTERING THE WILL :
- Keep Witnesses for the WILL who are well known and having less age.
- Get the Medical certificate from regular doctor who knows you very well.
- If you are getting notarize Will then get notarized WIll from regular Notary who knows you very well.
All above precautions you have to take because all the persons will be called to give evidence and will be testified if the Will is objected by anyone during probate proceeding.
References and more to read :
- PROBATE OF WILL – HOW TO OBTAIN – EASY 5 STEPS GUIDE
- GIFT DEED REGISTRATION
- NOMINEE IN THE SHARES OF A CO-OP SOCIETY IS NOT THE OWNER
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