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Specific Draft of Last Will and Testament executed by a Father or Mother in favour of their sons in the absence of any daughter.
For a deeper and more structured understanding, explore this comprehensive list of Supreme Court probate judgments, which offers detailed insights into how courts evaluate validity, execution, and disputes in succession matters.
LAST WILL AND TESTAMENT
This Last Will and Testament is executed on this ___ day of ________, 20, at ____________, 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 (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 properties mentioned therein. I further declare that this Will shall be my sole, valid, and binding Last Will and Testament.
3. I do not have any daughter. I have the following sons:
(i) Mr. [Son’s Name 1], (holder of Aadhaar No. _________ / PAN No. _________ / Passport No. ____________, issued on ____________ at ____________), residing at [Address].
(ii) Mr. [Son’s Name 2], (holder of Aadhaar No. _________ / PAN No. _________ / Passport No. ____________, issued on ____________ at ____________), residing at [Address].
(Add additional names where applicable)
4. I am the absolute and exclusive owner of the following movable and immovable properties which are all self-acquired and held solely in my name (hereinafter collectively referred to as the “Said Properties”), 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 assets 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, I cause all my rights, title, and interest in the Said Properties to vest in and devolve upon my sons named above in the following manner, to the complete exclusion of all other legal heirs and/or claimants:
(A). Movable Assets
– A(1) of Annexure-A to [Son’s Name]
– A(2) of Annexure-A to [Son’s Name]
– A(3) of Annexure-A to [Son’s Name]
– A(4) of Annexure-A to [Son’s Name]
(B). Immovable Assets
– B(1) of Annexure-A to [Son’s Name]
– B(2) of Annexure-A to [Son’s Name]
– B(3) of Annexure-A to [Son’s Name]
– B(4) of Annexure-A to [Son’s Name]
– B(5) of Annexure-A to [Son’s Name]
– B(6) of Annexure-A to [Son’s Name]
– B(7) of Annexure-A to [Son’s Name]
(ii) That in the event any of my sons named above predeceases me, his respective share shall vest in and devolve equally and absolutely upon his 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 not specifically mentioned herein, shall also vest in and devolve equally upon all my sons, each receiving an equal share, to the exclusion of all other legal heirs and/or claimants. In the event any son predeceases me, such son’s share in such properties shall devolve absolutely and equally upon his legal heirs.
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 authority to appoint a substitute Executor/Executrix, if deemed necessary.
8. I finally declare and affirm as under:
(i) That this Will is my final and binding testamentary instrument governing all my movable and immovable properties.
(ii) That I am executing this Will voluntarily and of my own free will, 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 fully understand the implications and consequences of executing this Will.
(v) That the contents of this Will have been read over and explained to me in a language I understand, and I have fully understood and approved the same in accordance with my true intent.
(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 paper)
Testator: _________________________
10. We, the undersigned witnesses, do hereby affirm that the Testator executed this Will in our joint presence and appeared to be of sound mind and 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)