Property matters advocate on making a will

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Property Matters Advocate

• On Making A Will

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Property Disputes

• Property disputes are the major causes of rivalry
  between families, relatives and even siblings in
  India. The sky-rocketing prices of properties in
  urban India are responsible for the greed of
  materialistic societies. Litigation is not always
  practical as it often results in prolonged
  procedures, lawsuits and excessive loss of money.
  It is popularly said that wise people always make
  their will at right time to make things easier
  for the successors. But, those who lack foresight
  and dies without leaving a valid Will, their
  property related issues are resolved through law
  of intestate succession and not through
  testamentary succession.

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• "It is quite ironical that around 80 per cent
  people in Indian die without writing a Will
  resulting and their heirs end up with taking
  legal battles against each other. Section 2(h) of
  Indian Succession Act, 1925 describes Will as a
  legal instrument to transfer his/her own property
  to the person he/she names after his/her death."-
  Kislay Pandey, Property Matters Advocate, the
  Supreme Court of India.As per Section 59 of the
  ISA the Will maker must be mentally sound and
  should be at least 18 year of age. A person can
  make amend an old Will or can make a fresh Will
  after destroying the previous Will. A Will made
  by a person in inebriated or unconscious
  condition will be treated invalid before the law.
  A will should be made in simple language and only
  in those languages which are recognised by the
  government of India. The language should be clear
  to convey that what is the intention of Will
  maker and to whom he really transfer the property
  after his/her death.

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• A Will becomes enforceable only after the deaths
  of the person who has made the Will the
  testator. It is not only ancestral property that
  can be covered in a Will, one can also make a
  will of personal wealth and assets.  "The
  attestation of the Will by an experienced
  physician is also advisable to avoid latter
  problems, after the attestation none can claim
  that the testator was not in sound mental
  condition at the time of Will writing. Following
  this, there should be the appointment of a few
  trusted persons as the executors of the Will at
  the time of any legal process they need to assure
  that properties are transferred as per the
  desires of the testator." - Kislay Pandey,
  Property Matters Advocate, the Supreme Court of
  India.

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Thank You