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Why One Should Make A Will?

A will ensures that your belongings do not devolve as per the laws of inheritance (which vary for each major religion) but as per your wishes

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  What is a Will?

A will allows you to communicate how your assets are to be distributed among those close to you after your death. This document ensures that your belongings do not devolve as per the laws of inheritance (which vary for each major religion) but as per your wishes. Its creation is frequently postponed, but itís a good practice to have one in place and then keep updating it when necessary. All such a document needs to contain is a declaration that it is being made free from any pressure, the details of your property and who will inherit it. It need not be registered, but it is suggested that you do so at the office of the sub-registrar

  Advantages of a Will

A will brings in order with regard to how your assets will be handled after your death. At such a difficult time for your loved ones, this would significantly alleviate their burden. In case of an intestate death (without a will), your assets would devolve as per the laws of inheritance, which may not be as per your wishes. A will is where you can state exactly how you want your assets to devolve.

  Checklist for obtaining A Succession Certificate

If at that time the deceased did not have a fixed place of residence, a petition to the district judge within whose jurisdiction any part of the property of the deceased may be found.

  How Vakilsearch Helps In Procuring A Succession Certificate

We will connect you with experienced lawyers, who will prepare the application for a Succession Certificate after collecting all the required documents.

If the district judge is satisfied with the preparation of the petition, an opportunity will be granted to hear the person who, in his/her opinion, should be heard. After hearing from all parties, the judge will decide the right of the petitioner, to be granted the Succession Certificate. The judge would then pass an order to grant the certificate.

  Documents required for Succession Certificate

The death certificate of the deceased, with the time of death.

Residence or details of properties of the deceased at the time of death, within which the jurisdiction falls under.

Details of family or other relatives of the deceased.

The rights of the petitioner.

  Rights of the copyright owner

Under the Indian Copyright Act 1957, copyright protects the social, economic and legal interests of the author. The copyright owner is entitled to the following exclusive rights.

FAQs on Will Registration

There is no prescribed form of a will. In order for it to be effective, it needs to be properly signed and attested. It must be initialed by the testator at the end of every page and next to any correction and alteration.

The registration of a document provides evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity.

A will is to be registered with the registrar/sub-registrar with a nominal registration fee. The testator must be personally present at the registrarís office along with witnesses.

If a certificate is granted in a foreign country, by an Indian representation accredited to that country, it should be stamped in accordance with the Court Fees Act 1870 to have the same effect in India as a certificate granted in India

No stamp duty is required to be paid for executing a Will or a codicil. A will, therefore, need not be made on stamp paper

A will is to be registered with the registrar/sub-registrar with a nominal registration fee. The testator must be personally present at the registrarís office along with witnesses.

If a certificate is granted in a foreign country, by an Indian representation accredited to that country, it should be stamped in accordance with the Court Fees Act 1870 to have the same effect in India as a certificate granted in India

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