Guidelines for Making a Legally Valid Will in India

(Comments from Legal experts are invited on the correctness of the details provided in this article)

There was a time when people used to not speak of life insurance openly, the subject Will is still a secret & confidential matter people dont speak , share & suggest about it. Taking a guidance from lawyer may be important but equally important is to share with the nearest for the way you want to distribute your wealth & belongings with in your family or the desired people , as you may get few good suggestions.

Purpose of Will :

Making the will during your life time is one of the most important aspects of everybody's life. The hard work done by you for the entire life can get washed away in a moment if you happen to die without making a will as to who will be your successor. There are many examples when the property of the persons is taken over by the government due to non availability of a clear, legally valid will.

Hence, making a will well in time in your life is as important as living a healthy life. The laws and procedures for making the will are different in all the countries. I am going to briefly cover on the procedure of making the legally valid will in India.

Age : The will can be made at any age after 21 years in India.

Paper for Will :

The procedure of making the will that is legally valid is very simple in India as compared with many other countries of the world. You can make the will on plain paper in India. It is not necessary to make the will on judicial or non judicial stamp paper in India. You can get the will typed on a plain paper.

However, it is advisable to write your will in your own hand writing as the same can be verified later in case of any doubts raised by the relatives.

Title of Will / Document Title :

The will should have a headline that should identify that it is a will. A very good example of a headline title can be: Last Will And Testament.

Declaration :

The declaration is to make sure that it is your own will and that only you have made it. So, you should state your full name and address and declare that you are of an age to legally make a will and that you are of sound mind. You will also declare that you are not making this will under anyones influence or that you are in duress. Also you must state explicitly that this is your last will and that you revoke all previously made wills (if any). Make sure that you give the complete personal details.

Name an Executor :

An executor is the person bestowed by you who ensures that the tenets of the will are carried through. So name an executor who has the full knowledge of your business, should know about your spouse or the main beneficiary. While nominating an outside person, like a friend, always ask for the permission first. It is also better to name an alternate executor so that in case of unwillingness of the first, the second can be approached. However, in case you do not name any executor, then the court will appoint one.

Name a Guardian for your Minor Children :

If your children are minor then name a guardian for them. However, if there is a remaining parent then it is not required. Here also, if you fail to nominate a guardian then the court has the power to name a guardian for the children. Do not name anyone without proper discussion with the proposed guardian and state the complete information of the chosen guardian.

Details of Beneficiaries :

Provide complete details of the beneficiaries of your will, so as to avoid any confusion regarding their identity. Name alternate beneficiaries in case of the deaths of the first choice. While appointing beneficiaries it is always better to consult your lawyer, to smooth out the nitty gritty in case you plan to disinherit any members of your immediate family.

Details of your Assets :

Providing the details of your assets is of utmost importance to distinguish between those that have been assigned and those that have not been assigned to the beneficiaries. For assets in different countries, a separate will for that country must be made which should not include the assets from the home country. This is because every country has separate laws and taxes, which must be worked out separately.

It is essential to list out all your assets in the will, item by item, which you own. The approximate current values of the house, land, or any other property should be clearly mentioned in the will. After listing out of all the assets like bank Fixed Deposits, Postal investments, Mutual Funds, Share Certificates, Insurance, Jewelry/ Ornaments, hard Gold & Silver, Money in Saving Accounts etc. (both movable and immovable) owned by you, also indicate where all such documents are stored by you.

Cover Specific Bequests / Distribution of Property :

If you want to bequest a part of your asset or specific property to any person or organizations, then you must will it under the heading ‘Bequest’ where you will clearly state that the name and address of the entity you are making the bequest to. At the end of the will, you must specify as to who shall own all your assets item wise after your death.

You should clarify if the executors are to pay the income generated from such property to any other family member. You may put a clause to specify division of property between the sons & daughters, and implications on the will if they are married. It should also specify circumstances when they remain unmarried & also should specify if the daughter of the testator dies unmarried.

You can also distribute your assets to more than one individual. If you want, you can also form a trust of 2 or 3 persons who shall be empowered to execute your will as per your wish after your death.

Trustees :

The trustees can be anybody of more than 21 years of age. If you are giving your assets to the minor, make sure to appoint custodian of your assets till the individual you have selected reaches an adult age.

Custodian :

This custodian must be a trustworthy person. Once you complete writing your will, you must sign the will very carefully in presence of at least two independent witnesses. These witnesses have to sign after your signature certifying that you have signed the will in their presence. The date and place also must be indicated clearly at the bottom of the will. All the pages of the will need to be signed by you and all the witnesses. If any correction is made on the will, such corrections also must be countersigned by the person making the will and the witnesses.

Storage of Will & Important document :

Mostly, such critical documents are to be preserved in the bank safe deposit vault. The detailed records can also be kept on your personal computer. However, looking to the security problems faced recently in the computer systems, I would advise to keep a hand written record in a special diary that may be stored safely away from other routine documents.

Funeral Arrangements :

In your will you can state the mode of your funeral. You can state if you want to be buried, or cremated or disposed of in any suitable way. But all these should take into considerations the laws of the country. You may put a clause for payment of any liabilities incurred in the past or during ceremonies to be conducted upon death.

Signatures of Witnesses :

There should be a minimum of two witnesses whose signatures must be taken on the will. This is very necessary in case of any disputes arising later, which can be cleared by the witnesses. Also you cannot select witnesses who are beneficiaries of your will. It is not mandatory for the witnesses to read the entire will. It is better to select the witnesses who are not related to you. They can be your friends, neighbors, or your colleagues at the job. They only certify as to you yourself have signed the will in their presence and are not the party in making the will. It is advisable to write your will on good quality thick white paper that does not get spoiled over a period of time. The will also may not be folded and must be stored in a plastic envelope in full size. The envelope has to be sealed after completing all the formalities and the seal must bear your signature and the date of sealing. The witnesses need not sign on the seal of the envelope.

Your Signature :

The signature gives credibility to the will. And it must be signed in the presence of witnesses as they will attest to the fact that it is indeed your will. Specify the place and date and sign on every page.

Execution of Will :

It is not legally required to get the will executed in a court of law in presence of a judicial Magistrate inIndia. However, if you wish, the will can be executed in presence of Magistrate or the public notary, nominated by the government authorities and sealed in their presence. You also should not take out many Xerox copies of your will. At the most, only one copy must be taken and stored separately from the original will. The will must be stored very safely in your bank in safe deposit box. You must also inform your next of kin as to where you have stored your will. Do clarify what if the executors die before the death of the testator.

Update / Change Will :

You can change your will any time you wish. However, make sure to mention that this will is the latest and supersedes all earlier wills.

Toungue twisters

Wikipedia states: "A tongue-twister is a phrase that is designed to be difficult to articulate properly. Tongue-twisters may rely on similar but distinct phonemes (e.g., s [s] and sh [ʃ]), unfamiliar constructs in loanwords, or other features of a language. The hardest tongue-twister in the English language (according to Guinness World Records) is supposedly The sixth sick sheikh's sixth sheep's sick. William Poundstone claims that the hardest English tongue twister is "The seething sea ceaseth and thus the seething sea sufficeth us." 1.If you understand, say "understand". If you don't understand, Say "don't understand". But if you understand and say "don't Understand". How do I understand that you understand? Understand! 2.I wish to wish the wish you wish to wish, but if you wish the Wish the witch wishes, I won't wish the wish you wish to wish. 3.Sounding by sound is a sound method of sounding sounds. 4.A sailor went to sea to see, what he could see. And all he Could see was sea, sea, sea. 5.Purple Paper People, Purple Paper People, Purple Paper People 6.If two witches were watching two watches, which witch would watch which watch? 7.I thought a thought.But the thought I thought wasn't the thought I thought I thought. If the thought I thought I thought had been The thought I thought, I wouldn't have thought so much. 8.Once a fellow met a fellow In a field of beans. Said a fellow to A fellow, "If a fellow asks a fellow, Can a fellow tell a fellow What a fellow means?" 9.Mr Inside went over to see Mr Outside. Mr Inside stood outside and Called to MrOutside inside. Mr Outside answered Mr Inside from Inside and Told Mr Inside to come inside. Mr Inside said "NO", And told Mr Outside to come outside. MrOutside and Mr Inside argued From inside and outside about going outside or coming inside. Finally, Mr Outside coaxed Mr Inside to come inside, then both Mr Outside and Mr Inside went outside to the riverside. 10.SHE SELLS SEA SHELLS ON THE SEA SHORE , BUT THE SEA SHELLS THAT SHE SELLS, ON THE SEA SHORE ARE NOT THE REAL ONES 11.The owner of the inside inn was inside his inside inn with his inside Outside his inside inn. 12.If one doctor doctors another doctor does the doctor who doctors the Doctor doctor the doctor the way the doctor he is doctoring doctors? Or does the doctor doctor the way the doctor who doctors doctors? "When a doctor falls ill another doctor doctor's the doctor. Does the Doctor doctoring the doctor doctor the doctor in his own way or does The doctor doctoring the doctor doctors the doctor in the doctor's way" 13.We surely shall see the sun shine shortly. Whether the weather be fine, Or whether the weather be not, Whether the weather be cold Or whether the Weather be hot, We'll weather the weather Whatever the weather, Whether we Like it or not. Watch? Whether the weather is hot. Whether the weather is Cold. Whether the weather is either or not. It is whether we like it or not. 14.Nine nice night nurses nursing nicely. 15.A flea and a fly in a flue Said the fly "Oh what should we do" Said the Flea" Let us fly Said the fly"Let us flee" So they flew through a flaw in The flue 16.If you tell Tom to tell a tongue-twister his tongue will be twisted as Tongue-twister twists tongues. 17.Mr. See owned a saw.And Mr. Soar owned a seesaw. Now See's saw sawed Soar's Seesaw Before Soar saw See, Which made Soar sore.Had Soar seen See's saw Before See sawed Soar's seesaw, See's saw would not have sawed Soar's Seesaw. So See's saw sawed Soar's seesaw. But it was sad to see Soar so sore Just because See's saw sawed Soar's seesaw 18.Betty Botter had some butter, "But," she said, "this butter's bitter. If I bake this bitter butter, It would make my batter bitter. But a bit of better butter, That would make my batter better." So she bought a bit of butter - Better than her bitter butter - And she baked it in her batter; And the batter was not bitter. So 'twas better Betty Botter Bought a bit of better butter.

A real story-A chat between a Solider and Software Engineer

A real story ...A chat between a Solider and Software Engineer
in Shatabdi Train .........An interesting and a must readl!

Vivek Pradhan was not a happy man. Even the plush comfort of the
air-conditioned compartment of the Shatabdi express could not cool
his frayed nerves. He was the Project Manager and still not
entitled to air travel. It was not the prestige he sought, he had tried to
reason with the admin person, it was the savings in time. As PM, he
had so many things to do!! He opened his case and took out the laptop,

determined to put the time to some good use.

"Are you from the software industry sir," the man beside him was
staring appreciatively at the laptop. Vivek glanced briefly and
mumbled in affirmation, handling the laptop now with exaggerated
care and importance as if it were an expensive car.

"You people have brought so much advancement to the country, Sir.
Today everything is getting computerized."


"Thanks," smiled Vivek, turning around to give the man a look. He
always found it difficult to resist appreciation. The man was young
and stockily built like a sportsman. He looked simple and strangely
out of place in that little lap of luxury like a small town boy in a
prep school. He probably was a railway sportsman making the most
of his free traveling pass.

"You people always amaze me," the man continued, "You sit in an
office and write something on a computer and it does so many big
things outside."

Vivek smiled deprecatingly. Naiveness demanded reasoning not
anger. "It is not as simple as that my friend. It is not just a question
of writing a few lines. There is a lot of process that goes behind it."

For a moment, he was tempted to explain the entire Software
Development Lifecycle but restrained himself to a single statement.
"It is complex, very complex."

"It has to be. No wonder you people are so highly paid!," came
the reply.

This was not turning out as Vivek had thought. A hint of
belligerence crept into his so far affable, persuasive tone.

"Everyone just sees the money. No one sees the amount of hard work
we have to put in. Indians have such a narrow concept of hard
work. Just because we sit in an air-conditioned office, does not mean
our brows do not sweat. You exercise the muscle;
we exercise the mind and believe me that is no less taxing."

He could see, he had the man where he wanted, and it was time to
drive home the point. "Let me give you an example. Take this train.
The entire railway reservation system is computerized. You can book
a train ticket between any two stations from any of the hundreds of
computerized booking centres across the country. Thousands of tr!
ansactions accessing a single database, at a time concurrently; data integrity,

locking, data security. Do you understand the complexity in designing and

coding such a system?"

The man was awestuck; quite like a child at a planetarium. This was
something big and beyond his imagination. "You design and code such
things."

"I used to," Vivek paused for effect, "but now I am the Project
Manager."

"Oh!" sighed the man, as if the storm had passed over, "so your life
is easy now."

This was like the last straw for Vivek. He retorted, "Oh come on,
does life ever get easy as you go up the ladder. Responsibility only
brings more work. Design and coding!

That is the easier part. Now I do not do it, but I am responsible
for it and believe me, that is far more stressfu! My job is to get
the work done in time and with the highest quality. To tell you
about the pressures, there is the customer at one end, always
changing his requirements, the user at the other, wanting something
else, and your boss, always expecting you to have finished it
yesterday."

Vivek paused in his diatribe, his belligerence fading with
self-realisation. What he had said, was not merely the outburst of a
wronged man, it was the truth. And one need not get angry while
defending the truth.

"My friend," he concluded triumphantly, "you don't know what it is
to be in the Line of Fire".

The man sat back in his chair, his eyes closed as if in
realization. When he spoke after sometime, it was with a calm
certainty that surprised Vivek. "I know sir,..... I know what it is
to be in the Line of Fire......." He was staring blankly, as if no
passenger, no train existed, just a vast expanse of time.

"There were 30 of us when we were ordered to capture Point 4875 in
the cover of the night. The enemy was firing from the top. There
was no knowing where the next bullet was going to come from and for
whom. In the morning when we finally hoisted the tricolour at the
top only 4 of us were alive."

"You are a...?"

"I am Subedar Sushant from the 13 J&K Rifles on duty at Peak 4875 in
Kargil. They tell me I have completed my term and can opt for a soft
assignment. But, tell me sir, can one give up duty just because it
makes life easier. On the dawn of that capture, one of my colleagues
lay injured in the snow, open to enemy fire while we were hiding
behind a bunker. It was my job to go and fetch that soldier to
safety. But my Captain Batra Sahib refused me permission and went
ahead himself. "He said that the first pledge he had taken as a
Gentleman Cadet was to put the safety and welfare of the nation
foremost followed by the safety and welfare of the men he
commanded... ....his own personal safety came last, always and every
time. "He was killed as he shielded and brought that injured
soldier into the bunker. Every morning thereafter, as we stood
guard, I could see him taking all those bullets, which were actually
meant for me . I know sir....I know, what it is to be in the Line of
Fire."

Vivek looked at him in disbelief not sure of how to respond.
Abruptly, he switched off the laptop. It seemed trivial, even
insulting to edit a Word document in the presence of a man for whom
valour and duty was a daily part of life; valour and sense of duty
which he had so far attributed only to epical heroes.

The train slowed down as it pulled into the station, and Subedar
Sushant picked up his bags to alight.

"It was nice meeting you sir."

Vivek fumbled with the handshake.

This hand... had climbed mountains, pressed the trigger, and hoisted
the tricolour.

Suddenly, as if by impulse, he stood up at attention and his right
hand went up in an impromptu salute.
It was the least he felt he could do for the country.

PS: The incident he narrated during the capture of Peak 4875 is a
true-life incident during the Kargil war. Capt. Batra sacrificed his
life while trying to save one of the men he commanded, as victory
was within sight. For this and various other acts of bravery, he was
awarded the Param Vir Chakra, the nation's highest military award.

Live humbly, there are great people around us, let us learn!