Last Updated on June 20, 2024 by Satish Mishra
WILL Registration is one of the most easiest and simplest of legal tasks that an advocate or lawyer undertakes everyday but the importance of making a WILL cannot be subsided. Just because the elders were lazy enough, their kids have to fight like dogs in the courts to get their share of the property which isn’t a good thing. The elders must settle the controversy when they are alive by creating a WILL and recommended registration thereafter which leaves no doubt about the genuineness and certainty of WILL.
But before making a WILL, know these quick 25-Facts about WILL which will help you a lot.
1 Two Independent witnesses seen signing the WILL.
2 WILL not compulsory to be registered. (Exception Sec 18 of Registration Act, 1908).
3 Probate is copy of WILL on an application to court that it is genuine.
4 Codicil is changes made to the WILL.
5 WILL is made only for self owned property.
Also Read- SHOULD I GET LEGAL HEIR CERTIFICATE OR SUCCESSION CERTIFICATE?
6 WILL maker intentions should be clear in WILL not ambiguous.
7 If WILL doesn’t mentions executor then Court appoints it through letter of Administration.
8 Beneficiary of WILL is called legatee.
9 Handwritten WILL is also accepted and called holographic WILL.
10 If WILL is properly executed then presumption is drawn that testator is of sound mind.
Also Read- SUCCESSION CERTIFICATE AND HOW TO GET IT?
11 There is no time limit to get WILL Registered.
12 WILL to be registered at place where major part of the property lies.
13 Registered at Sub-Registrar office.
14 In case of 2 WILLs, the later one would prevail in most cases.
15 WILL can be revoked at any time under section 62 of Indian Succession Act.
Also Read- HOW TO PROBATE A WILL IN CHANDIGARH PANCHKULA MOHALI
16 Only an intended beneficiary can challenge the WILL not neighbours.
17 On marriage of the maker, the WILL is revoked.
18 Two super grounds of WILL to challenge:
A. Maker of WILL unsound or age of minority.
B. WILL not signed with free consent of testator or witnesses.
19 Registering a WILL avoid its tempering and courts consider it genuine.
20 For leasehold properties, if Registered WILL is uncontested, it may be possible without obtaining a probate of WILL.
Also Read- TRANSFER OF PROPERTY THROUGH GIFT DEED
21 WILL can be handwritten or typed.
22 WILL can’t be executed when the person is alive.
23 There is no stamp duty to be paid on WILLs.
24 Fee for registration of WILL is nominal which is anywhere between Rs 1000-3000 in Chandigarh Panchkula Mohali Zirakpur Derbassi Kharar.
25 WILL is a legal document that settles controversy about your assets later. So you must draft the WILL from a professional experienced WILL Advocate/Lawyer who leaves no doubt about its genuineness.
Also Read- FACTS ABOUT INHERITING PROPERTY.
For more info, please call 99888-17966.
