Sunday, January 8, 2012

HOW TO DRAFT WILL DEED


WILL DEED is a Document which is very much required to inherit the properties of a deceased.  But I have observed  that many people do not giving importance for execution of a Will Deed and as a result of which after the death of family head person the legal heirs are suffering a lot.  To mutate the name of the Legal heir/s the municipal (corporation) authorities are asking for a Will Deed or in the absence of the will deed order from Competent Civil Court.  To get order from the court the practice adopting is a Declaration suit there by declare the L.Rs of a deceased as real and only legal heirs of him/her.  In these cases heavy court fee and other expenditures are should be bared and time also consumes.  Paper publication is requires to say in ward it is a little bit difficult and very expansive task for the children of deceased.  What I have observed is that in educated person’s families also so happening. The reason beyond this is unawareness of Legal procedure and negligence of the People.  I feel this is the time to educate every person to know about the Will Deed and its importance.  So that every person will go to execute a Will Deed.
WHO   CAN  EXECUTE:  Every adult person either male or female with sound mind is entitled to execute a Will Deed.  All the persons who are having self acquired properties are required to execute a Will Deed so as to bequeath their properties to their legal heirs.
WHAT PROPERTIES SHOULD COVER:   All properties either movable or immovable and also bank deposits, Bank Accounts, Shares, Valuable securities Post office Deposits company or society shares etc.,  All immovable properties i.e., Houses, House plots, Apartments, Agricultural lands etc.,  movable properties i.e., cars, motor cycles scooters, furniture etc., Future earnings  means the earnings of a Testator ( executent of Will Deed) who earns anything either movable or immovable property after executing Will Deed and before his/her death also can be incorporated in the Will Deed.
WHAT IS THE PROCEDURE TO DRAFT A WILL DEED:  The law is giving certain guidelines to draft a Will Deed.  It is not required Stamp Duty or Registration as per the law.  But it is essential to Register a Will Deed to avoid ambiguity and forgery.  The Registered Will Deed always prefers an un-registered Will Deed. A will Deed also can be notarized.  But the safe way is going for Registration.
CAN A PERSON CHANGE HIS WILL IN HIS LIFE TIME: Yes a person in his life time can change, modify, alter, or re write a will Deed.  If the testator so wants he can cancel the earlier will Deed and go for a fresh will Deed.  If the earlier Will Deed is a registered will Deed.  It is required to register the latest will Deed also so as to give equal power to the new will deed.
HOW TO DRAFT A WILL DEED:   A will Deed is a document which should be drafted with at most care and clarity.  Because in the case of a sale deed or a gift deed any mistake appears in the Deed the Deed can be written again and the modified Deed can be registered.  But in the case of a will Deed if once the Deed is executed it will not come into force and it will have effect only after the death of the testator.  If it is found with any wrong interpretation or ambiguous interpretation.  The Legal heirs will suffer and any portion of the property was left without mentioning in the deed, the Heirs will be in problem.  As such it is always safe to get proper legal guidance to draft a will Deed.  After drafting also the Testator should read the deed carefully and after satisfying by all means only should go for registration.  Hence it is  always advisable to take utmost care in drafting  the Will.  You will get perfect guidance and full care will be taken in drafting the will and proper counseling will be provided to you if you contact me.  The communication will be kept most secretly and you can trust.   To execute your Will Deed you may  Contact    bhargava.advocate@gmail.com".  When you have the thought of execution of will it should be done without delay. BECAUSE TIME AND TIDE WAIT FOR NONE.