Make a Will to avoid family disputes…
Through a Will, every person has a right to decide the distribution and inheritance of his or her self-acquired properties among the family members. Property inherited from the great-grandfather and which was not partitioned by any subsequent generation is inherited property and it cannot be willed. Inherited property goes automatically to family by virtue of birth. The person’s share from the property that was inherited from the great-grandfather but was later on divided is considered as self-acquired property.
A person who dies without making a Will is said to have died intestate. Under such a situation, the court steps in and distributes your property according to the succession laws governing your community.
When there is Will, court will have to be approached to grant Probate which comprises of a copy of the Will along with a certificate from the court confirming that the Will has been proved. Generally, if there are no credible objections to the Will, court will grant probate.
How do you go about writing a Will?
You can approach a lawyer, who will draft the Will based on your inputs. An economical and simpler option would be to access e-Will writing services. To begin with, you need to visit the website, create a login ID, make online payment and then select the category you belong to in respect of gender, religion, occupation and whether you are a resident Indian or a non-resident Indian.
Next, list out your assets like property, funds and personal effects followed by particulars of your family members and how you wish to distribute the assets among them. On submission of all this, the website’s legal experts draft your will and sent it to you by email as well as a hard copy by courier.
On receipt, the hard copy has to be signed by the person making the Will, in the presence of two witnesses. Appointing an executor is not compulsory but makes but makes execution an easier process. Neither is registration of the Will mandatory, but is preferable.