How To Make A Legal Will In India
Writing a will gives you control over how your assets pass on after your death. It protects your family from legal disputes and ensures smooth distribution of property. If you want to know How To Make A Legal Will In India, this guide by Advocate Sagar Sharma from Bharat Ki Adalat explains the full process in simple terms.
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Types of Will in India
India recognizes several types of wills. Choose the one that suits your situation:
- Privileged Will
Armed forces personnel can create privileged wills during service. You don’t need to follow standard formalities for these. - Unprivileged Will
All other citizens must follow legal rules like writing, signing, and attestation. - Holograph Will
You can write this will entirely in your own handwriting. It stays valid if you sign it and follow legal procedures. - Joint Will
Two or more people can write a will together. Usually, spouses use this type to distribute joint property. - Mutual Will
Two people create separate but identical wills to benefit each other. You can’t change it without both parties’ consent.
Will Registration Process
Though the law doesn’t require you to register your will, doing so gives you legal protection. Follow these steps to register your will:
- Write the will clearly. Avoid vague language.
- Sign the will in front of two witnesses.
- Visit the Sub-Registrar’s office with witnesses.
- Submit the original will and pay the registration fee.
- Collect the certified copy after registration.
Registered wills stay safe from tampering or legal challenges. Always keep a copy in a secure location.
Role of Witnesses
Witnesses prove that you signed the will willingly and in sound mind. Keep these rules in mind:
- Choose two adult witnesses.
- Make sure the witnesses don’t benefit from the will.
- Sign the will in front of both witnesses.
- Ask both witnesses to sign in your presence.
Also, include a medical certificate if you’re a senior citizen. It shows that you made the will with a clear mind.
How to Revoke a Will
You can revoke your will any time before your death. Use one of these ways:
- Write a new will that clearly cancels the previous one.
- Tear, burn, or destroy the old will.
- Revoke the will by marriage under specific conditions.
When you write a new will, always mention: “This will cancels all previous wills.”
Conclusion
Now that you know how to create a legal will, don’t delay. A properly written will saves your family from future trouble. Draft it with care, get witnesses, and register it. For expert help, contact Advocate Sagar Sharma at Bharat Ki Adalat.
