How to Make a Will for Inherited Property in India
Inheriting property in India can be a significant event in one’s life, and it is crucial to ensure that the process is carried out smoothly and legally. A well-drafted will can help in avoiding any disputes or legal complications that may arise after the property owner’s death. This article provides a comprehensive guide on how to make a will for inherited property in India.
Understanding the Legal Framework
Before delving into the process of creating a will, it is essential to understand the legal framework surrounding inherited property in India. The Indian Succession Act, 1925, governs the laws of inheritance in the country. This act provides for various modes of succession, including intestate succession (when there is no will) and testamentary succession (when there is a will).
Eligibility and Formalities
To make a will for inherited property in India, the property owner must be of sound mind and at least 18 years of age. The will should be in writing, signed by the testator (the person making the will) in the presence of two witnesses who are also of sound mind and at least 18 years of age. The witnesses should also sign the will in the presence of the testator.
Content of the Will
The will should clearly mention the following details:
1. Identification of the testator: Provide full name, age, and address of the testator.
2. Description of the inherited property: Include the location, type, and value of the property.
3. Beneficiaries: Clearly specify the names and relationships of the beneficiaries who will inherit the property.
4. Distribution of property: Describe how the property should be divided among the beneficiaries.
5. Executor: Appoint an executor to manage the distribution of the property as per the will’s instructions. The executor should be someone trustworthy and capable of handling the task.
6. Guardian for minor beneficiaries: If there are minor beneficiaries, appoint a guardian to take care of their interests until they reach the age of majority.
Notarization and Registration
It is advisable to get the will notarized by a public notary. This ensures that the will is legally recognized and can be easily executed. Additionally, registering the will with the Sub-Registrar’s office is recommended. Registration provides legal protection and ensures that the will is readily available for verification during the probate process.
Seek Professional Advice
To ensure that the will is legally sound and effectively addresses all aspects of inherited property, it is advisable to consult with a lawyer specializing in inheritance laws. A lawyer can help draft the will, ensure compliance with legal requirements, and provide guidance on any specific concerns or questions.
Conclusion
Creating a will for inherited property in India is a crucial step in ensuring a smooth and hassle-free transfer of property after the owner’s death. By following the above steps and seeking professional advice, one can create a legally binding will that protects the interests of the beneficiaries and avoids any legal disputes.
