Legal Question in Wills and Trusts in India

Is joint will workable.

we have a built house in the name of husband and wife .we have 50:50 share in the property.

the authority registering the wills told us that two separate wills may be drafted.but myself refused and told the authority that a joint will is also good and can be made?


Asked on 8/20/10, 2:06 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

Legally you may write a joint will, but, it is advisable to write seperate will(s) as the Will come in to operation from the date of death of the executant of the Will.

If it is a joint will and one person dies and Will has to be probate for some reason, then how the will can be probated in part as the other part relating to living person would not have come in to operation.

it is therefore better for you to follow the advise of authority

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Answered on 8/20/10, 11:03 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

yes joint will is required

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Answered on 8/22/10, 6:47 am


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