Legal Question in Family Law in India

Making & Registering a WILL
(1) Can a testator distribute his properties & assets in an UNEQUAL PORTION to his various heirs such as 10% to Heir A, 20% to Heir B & 70% to Heir C Or must it be in equal proportion like 33.33% to each of the three Heirs?

(2) (a) What is the procedure of making & registering a Valid & Legal WILL?

(2) (b) In the event of Testator being handicapped & hospitalized, can we invite the Registrar at the Hospital Bed Or House visit to fulfill the WILL REGISTRATION procedure & formalities?

(2) (c) Can we prepare the WILL on a Non-Judicial stamp paper of Rs.100 & get it notarized by the Notary? Will it be treated as a Legally valid WILL? And, further register such Notarized WILL with the Registrar of the concerned department?

(3) In the event of any Heir being dissatisfied by the lower percentage of share in the property as per the WILL made by testator, Can he/she challenge the WILL in the court of Law & demand more share of the property over & above what is mentioned in the Will by Testator? Will the court of Law entertain such claim Or will it be outright rejected by the court of law on the basis of common principle of Law, that the percentage of property will be distributed only in accordance with the WILL m

Asked on 6/13/09, 3:57 am

3 Answers from Attorneys

RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

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Re: Making & Registering a WILL

1.yes, he can will his properties as per his desire.

2 the testator has to appear before the sub-registrar or the registering authority for registration of the will along with two witness.

2b yes, you can ask the registrar to visit the hospital no notarization is required

3yes , any heir can challenge the will

4 if you succeed in proving that the will is doubtful or surrounded by suspicious circumstances or the testator was not in a sound and disposing mind, will can be cancelled

Answered on 6/13/09, 10:34 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Making & Registering a WILL

(1) Yes.

(2) (a) The will may be executed by the testator and registered withe Registrar.

(2) (b)Yes.

(2) (c) Non-Judicial Stamp paper is NOT required; nor the will needs Notarisation.

(3) The will may be challenged; and the court may decline probate of will, IF IT IS ESTABLISHED that the Will is not genuine or that the executor wrote the will without FREE consent - i.e. under undue influence, duress, periods of insanity etc.

Answered on 6/13/09, 6:10 am

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