Father/Mother’s Will Secures Equal Inheritance, Restricts Sale of Property Without Court Approval

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Father/Mother’s Will Secures Equal Inheritance, Restricts Sale of Property Without Court Approval

 

Draft ensures sons and daughters inherit equally, covering both movable and immovable assets.

 

Civil Court approval mandated before sale, mortgage, or transfer of immovable properties to safeguard family interests.

 

By Vishwas Kumar

New Delhi: April 02, 2026:

 

A legally valid draft of a Last Will and Testament has been prepared, setting out clear inheritance provisions for sons and daughters while introducing a unique safeguard against misuse of immovable property. Executed by a father or mother, the Will ensures equal distribution of both movable and immovable assets among children, excluding all other claimants.

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The Will begins with a revocation of all prior testamentary documents, declaring itself as the sole binding instrument. It lists sons and daughters with their identifying details, ensuring clarity of beneficiaries. The Testator affirms ownership of self-acquired assets, ranging from residential houses, plots, shops, and agricultural lands to financial holdings such as bank accounts, fixed deposits, shares, and jewellery.

Movable assets are to devolve equally upon all children, with no requirement of court permission for division or utilisation. Immovable properties, however, are subject to strict legal conditions. Income from such properties must be shared equally, with transparency and joint accounting. Importantly, no immovable property can be sold, mortgaged, or transferred without prior approval of the competent Civil Court. This safeguard ensures that transactions are scrutinised for fairness and the welfare of all beneficiaries.

The Will further directs that sale proceeds, if permitted, must be reinvested in immovable property or financial instruments, with income shared equally. It also provides for substitution of heirs in case any beneficiary predeceases the Testator, ensuring continuity of inheritance.

An Executor is appointed to administer the estate and obtain probate if necessary, with authority to manage properties without furnishing security. The Testator affirms voluntariness, sound mind, and full understanding of the document, with execution witnessed by two attesting witnesses.

This draft exemplifies how a legally valid Will can be written to balance testamentary freedom with safeguards, ensuring equal inheritance while protecting immovable assets from misuse.

 

For full details of Codicil Drafts, check out the draft below, as provided in Will Writing Simplified by Dr. Ravinder Kumar Anand. [📘 Buy Will Writing Simplified online: Amazon 🔹 Flipkart]

 

 

 

 

 

 

 

 

General Draft of Last Will and Testament executed by a Father or Mother in favour of sons and daughters, with a restriction on the sale or mortgage of immovable properties without prior approval of the Competent Civil Court.

 

 

 

 

LAST WILL AND TESTAMENT

 

THIS WILL is made and executed at ____________ on this ___ day of ____, 20 by me namely [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 have the following children:

A.        Sons:

(i).        Mr. [Name] (holder of Aadhaar No.___/PAN No./Passport No. ________, issued on ________ at __________), residing at ______________________.

(ii).       Mr. [Name] (holder of Aadhaar No.___/PAN No./Passport No. _________, issued on ________ at ________), residing at ______________________.

 

B.         Daughters:

(i).        Ms./Mrs. [Name] [daughter/wife] of Mr.______, (holder of Aadhaar No./PAN No.___/Passport No. ______, issued on ________ at _____), residing at ______________________.

(ii).       Ms./Mrs. [Name] [daughter/wife] of Mr._____, holding (holder of Aadhaar No./PAN No.___/Passport No. _______, issued on _____ at _______), residing at _________________.

 

4.         I declare that I am the absolute and exclusive owner of various movable and immovable properties, which are all self-acquired and held solely in my name (hereinafter collectively referred to as the “Said Properties”). These include but are not limited to:

-           Residential House

-           Residential Plot(s)

-           Office/ Commercial Space(s)

-           Shop(s)

-           Apartments

-           Industrial / Commercial Property(ies)

-           Agricultural Land(s)

-           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), Paintings, Royalty(ies) and any other movable asset(s).

(Delete whichever is not applicable)

 

5.         I declare and Will as under:-

(i).        That upon my demise, all my movable properties, including but not limited to bank accounts, fixed deposits, financial instruments, equity shares, mutual funds, jewellery, vehicles, artworks, digital assets, intellectual property, insurance benefits, and all other movable assets standing in my name or held beneficially by me, shall devolve upon and be inherited equally by my sons and daughters mentioned herein, to the exclusion of my all other legal heirs and/or claimants of mine.

I further clarify that this inheritance shall include:

-           movable properties owned by me at the time of execution of this Will;

-           movable properties acquired by me after execution of this Will;

-           movable properties discovered after my demise;

-           movable assets held jointly where I am the beneficial owner; and such movable properties shall vest absolutely and equally in all my sons and daughters, without any requirement of Court permission for division, utilisation, withdrawal, or encashment of such movable assets.

(ii).       That upon my demise, all my immovable properties shall also devolve upon and be inherited equally by my sons and daughters named above, to the exclusion of my all other legal heirs and/or claimants of mine, subject to the following mandatory legal conditions, which form an integral part of this Will:

(a)        The income generated from the immovable properties, whether by rent, lease, licence fees, commercial exploitation, agricultural income or any other manner whatsoever, shall be shared equally among all beneficiaries. All beneficiaries shall maintain transparency, joint accounting, and equal access to records relating to such income.

(b)        The immovable properties shall not be sold, mortgaged, transferred, gifted, assigned, relinquished or encumbered in any manner whatsoever without the prior permission of the Civil Court within whose jurisdiction the concerned property is situated. Such Court order must expressly authorise the proposed transaction after considering the welfare of all beneficiaries.

(c)        In the event of sale of any immovable property (with appropriate Court permission) the sale proceeds shall be reinvested either in other immovable property or in fixed deposits or mutual funds, and the income arising therefrom shall be shared equally among all beneficiaries. No beneficiary shall claim exclusive rights over any sale proceeds or reinvested assets.

(d)       In the event that any of the beneficiaries named herein predecease me, his/her legal heirs shall inherit the respective share (movable and immovable) in equal proportion, and such inheritance of immovable property shall remain strictly subject to the conditions outlined in Clause 5(ii)(a) to (c) above. No legal heir shall be entitled to circumvent, dilute, or modify these restrictions.

 

Annexure–A: Complete list of Movable Properties of the Testator (attached)

Annexure–B: Complete list of Immovable Properties of the Testator (attached)

Annexure–C:             Copies of Property Documents (attached where applicable)

 

6.         I further declare that any additional movable or immovable property acquired by me during my lifetime shall also devolve upon and be inherited by my sons and daughters in equal shares, and the conditions specified in Clause 5(i), 5(ii)(a) to (d) above shall apply mutatis mutandis to such immovable properties.

 

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/volition, without any coercion, force, fraud, undue influence or inducement from any person/entity.

(iii).      That I am of sound mind, memory and in a fit mental and physical condition.

(iv).     That I am capable of understanding the 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 fully understood and approved the same as per my 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 his/ her 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 his/ her presence and in the presence of each other.

 

Affix Photograph of Testator

                       

 

 

 

 

XXX

(Signature/Thumb Impression separately at XXX and also separately partly across photograph and partly on paper)

Testator: _________________________

 

10.       We, the undersigned, do hereby affirm that the Testator executed this Will in our joint presence and the Testator appeared to be of sound mind and understanding, and that the Testator signed this Will willingly and without any duress. We, in turn sign the said Will in the presence of the Testator and of each other.

 

1.         Name: _________________________

S/W/D/o: __________________________

Aadhaar No___________

PAN No. ___________

Passport No: __________ (Issued on _______ at ______)