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Specific Draft of Last Will and Testament executed by a Father or Mother in favour of their only son and only daughter, where the Testator has no other children.
LAST WILL AND TESTAMENT
This Last Will and Testament is made and executed at __________ on this ___ day of ____, 20, by me, Mr./Mrs. [Full Name], aged approximately ___ years, (holder of Aadhaar No._/PAN No.__/Passport No. ____________, issued on ____________ at ____________), son/wife of Mr. [Father/Husband's Full Name], presently residing at [Full Residential Address], hereinafter referred to as the “Testator”.
1. That since life is inherently uncertain, I, the Testator, consider it prudent and necessary to execute this Last Will and Testament of mine (hereinafter referred to as the “Will”).
2. I hereby revoke, cancel, and annul all my previous Wills, codicils, and any other testamentary dispositions executed by me, if any, in respect of all my properties mentioned therein. I further declare that this Will shall be my sole, valid, and binding Last Will and Testament.
3. I am the Father/Mother of two children, namely:
(i) Son: Mr. [Son’s Full Name], (holder of Aadhaar No.___/PAN No./Passport No. ____________, issued on ____________ at ____________), residing at [Address].
(ii) Daughter: Ms./Mrs. [Daughter’s Full Name], (holder of Aadhaar No./PAN No.___/Passport No. ____________, issued on________ at __________), residing at [Address].
4. I am the absolute and exclusive owner of the following self-acquired movable and immovable assets (hereinafter collectively referred to as the “Said Properties”), which are more particularly described in Annexure-A appended hereto:
(i) Movable Assets:
– Equity Share(s)/Security(ies)/Mutual Fund(s)
– Bank Account(s)
– Fixed Deposit(s)
– Other movable asset(s) such as Vehicle(s), Jewellery, Artwork(s), Painting(s), Royalty(ies), and others
(*Delete whichever is not applicable)
(ii) Immovable Assets:
– Residential House
– Residential Plot(s)
– Office/Commercial Space(s)
– Shop(s)
– Apartments
– Industrial/Commercial Property(ies)
– Agricultural Land(s)
(*Delete whichever is not applicable)
5. I declare and Will as under:
(i) That upon my demise, the Said Properties shall vest in and devolve upon the following beneficiaries in accordance with the details provided hereunder, to the complete exclusion of all my other legal heirs and/or claimants:
(A). Movable Assets
– A(1) of Annexure A to [Name of Son or Daughter]
– A(2) of Annexure A to [Name of Son or Daughter]
– A(3) of Annexure A to [Name of Son or Daughter]
– A(4) of Annexure A to [Name of Son or Daughter]
(B). Immovable Assets
– B(1) of Annexure A to [Name of Son or Daughter]
– B(2) of Annexure A to [Name of Son or Daughter]
– B(3) of Annexure A to [Name of Son or Daughter]
– B(4) of Annexure A to [Name of Son or Daughter]
– B(5) of Annexure A to [Name of Son or Daughter]
– B(6) of Annexure A to [Name of Son or Daughter]
– B(7) of Annexure A to [Name of Son or Daughter]
(ii) That in the event any of the beneficiaries predeceases me, then his/her respective share shall vest in and devolve equally upon his/her legal heirs, to the exclusion of all my other legal heirs and/or claimants.
6. I further declare that any movable or immovable properties acquired or owned by me and/or to which I may be entitled at the time of my death, and which are not specifically mentioned in this Will, shall also vest in and devolve equally upon my son named above and my daughter named above, each receiving an equal 50% share, to the exclusion of all my other legal heirs and/or claimants. If either my son or my daughter predeceases me, then his/her share in such additional or residuary properties shall vest in and devolve equally and absolutely upon his/her respective legal heirs only, to the exclusion of all other legal heirs and/or claimants of mine.
7(i). I hereby nominate and appoint Mr./Ms./Mrs. [Full Name], S/o, D/o, W/o Mr. [Name], (holder of Aadhaar No._/PAN No./ Passport No. ____, issued on _______ at _____), resident of ___________, OR Mr./Ms./Mrs. [Full Name], S/o, D/o, W/o Mr. [Name], (holder of Aadhaar No./PAN No./Passport No._____, issued on ____________ at ____________), resident of ____________________, as the Executor/Executrix of this Will.
(ii) I further declare that the Executor/Executrix shall be authorized to administer and manage the Said Properties and to obtain probate, if necessary, without furnishing any security. He/she shall also have the discretion to appoint a substitute Executor/Executrix of this Will if deemed necessary.
8. I finally declare and affirm as under:
(i) That this Will is my final and binding testamentary instrument and governs all my movable and immovable properties.
(ii) That I am executing this Will voluntarily and of my own free will and volition, without any coercion, force, fraud, undue influence, or inducement from any person or entity.
(iii) That I am of sound mind, memory, and in a fit mental and physical condition.
(iv) That I am capable of fully understanding the nature, consequences, and implications of this Will.
(v) That the contents of this Will have been read over and explained to me in the language I understand, and I have fully understood and approved them as per my true intention.
(vi) That I have affixed my signature/thumb impression on this Will in full knowledge and understanding.
9. IN WITNESS WHEREOF, I, the Testator, have set my hand and subscribed to this Last Will and Testament at _____________ on this ___ day of ________, 20, in the presence of the undersigned witnesses, who have attested this Will in my presence and in the presence of each other.
|
Affix Photograph of Testator |
XXX
(Signature/Thumb Impression separately at XXX and partly across the photograph and partly on the paper)
Testator: _________________________
10. We, the undersigned, do hereby affirm that the Testator executed this Will in our joint presence and appeared to us to be of sound mind and full understanding, and that the Testator signed this Will willingly and without any duress. We sign this Will in the presence of the Testator and in the presence of each other.
Witness 1
Name: _________________________
S/W/D/o: __________________________
Aadhaar No: ________________________
PAN No: ___________________________
Passport No: __________ (Issued on _____ at _______)
Address: __________________________
Signature: _________________________
Witness 2
Name: _________________________
S/W/D/o: __________________________
Aadhaar No: ________________________
PAN No: ___________________________
Passport No: ____________ (Issued on ______ at _______)
Address: ___________________________
Signature: _________________________
Annexure-A
Detailed schedule of all Movable and Immovable Properties
A: Movable Properties
1. Equity Share(s)/Security(ies)/Mutual Fund(s):
(a)
(b)
(c)
(d)
2. Bank Account(s):
(a)
(b)
(c)
(d)
3. Fixed Deposit(s):
(a)
(b)
(c)
(d)
4. Other Movable Assets:
(a) Vehicle(s)
(b) Jewellery
(c) Artwork(s)
(d) Painting(s)
(e) Royalty(ies)
(f) Others
(*Delete whichever is not applicable)
B: Immovable Properties
1. Residential House(s)
(a)
(b)
(c)
(d)
2. Residential Plot(s)
(a)
(b)
(c)
(d)
3. Apartment(s)
(a)
(b)
(c)
(d)
4. Office/Commercial Space(s)
(a)
(b)
(c)
(d)
5. Shop(s)
(a)
(b)
(c)
(d)
6. Industrial/Commercial Property(ies)
(a)
(b)
(c)
(d)
7. Agricultural Land(s)
(a)
(b)
(c)
(d)
(*Delete whichever is not applicable)