Wills

Others 588 views 8 replies

Respeceted Members,

Please advice;

  This is the case of an illitrate lady who knows and understand only local language(except english) but doesn't know how to write. She wants to make a will because of her poor health.

Know, if, her will is translated into english and put in writting on a plain paper and been read over to her and made her understood the will, then would this will be a valid will?

Whether this will has to be registered? And if yes, please tell the procedure to register the will written on a plain paper.

 

Thanking you,

 

Replies (8)

ignorance of law is no excuse

 may be applicable here..so if he/signs on document definetely it should be valid provided that sign was not made under undue influance,co-ersion

She is so illitrate that she puts thumb impression only. Would this make any difference?

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And what about registration process for the wills?

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Please put some light on this also.

i am not aware of registration process and indepth knowledge..

to know other related compliances

i can recommend u to post your query in lawyersclubindia.com..

as all members there is lawyers u may get some help and prompt reply

ok

thanx for the consideration.

Thumb impression on a well-drafted Will is valid. A clause needs to be entered in the Will stating that the testator or that lady has read the Will and understood the contents of it and has been drafted exactly as her wish. It is better to translate the wish in English for the law or anybody to understand it thoroughly. A declaration from the person helping her out is also required. And it is important to name an executor in the Will who will execute the Will or follow her wishes and bequeath her estate to the rightful heirs after her demise. Two witness has to attest the Will. When it is complete, the registrar will register the Will (in legal paper). Either the Will can be kept with the registrar in safe custody or with the lady.

I dont agree with Ganesh Babu nor Mihir.

 

In case the lady is illeterate, the validity of the WILL may be questioned at a later stage and may even be quashed by Court. Ground at that time may be 'Absence of free consent' etc. Only way I would like to suggest is (1) Write the Will in local language and read the same before her (2) She should sign (in the local language) preferably with presence of witness. (3) Sign on each page

 

Secondly, registration of WILL is not compulsory in India rather it is beneficial and if possible, you should do it. Registration Auth will not ask for official translation into English.

 

T&R

Santosh

Hello Raghav

 

In case of any issue, contact me at cssantoshdash @ gmail.com

 

T&R

Santosh

Thanx Mihir ji and Santosh ji

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But one thing I have come to know that registration of will is not so necessary. It is only recomended.

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And also, in this case there are no chances that the beneficiaries of the will would raise any dispute since they are living together and have good understanding and relations among them.

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That's why I am asking that can we skip the step of registration of will. Since it would cause unnecessary expnditure and legal hardships to the family.

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But, if, registration is compulsory then what would be the procedure to register the will and how much is the cost involved?


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