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General Draft of Last Will and Testament executed by a Father or Mother bequeathing properties in favour of the only son in the absence of any daughter.
LAST WILL AND TESTAMENT
This Last Will and Testament is made and 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”, which expression shall, unless repugnant to the context, include my legal successors).
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 do not have any daughter. I have one son, namely Mr. [Name of Son], aged approximately ___ years, (holder of Aadhaar No.___/PAN No./Passport No. ____________, issued on ____________ at ____________), resident of ________.
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), Painting(s), Royalty(ies), and others.
(Delete whichever is not applicable)
5. I declare and Will as under:
(i). That upon my demise, the Said Properties, both movable and immovable, shall absolutely, solely, and exclusively vest in and devolve upon and be inherited by my son Mr. [Son's Full Name], to the complete exclusion of all my other legal heirs and/or claimants.
(ii). That in the event my son predeceases me, the entirety of the Said Properties shall vest in and devolve upon and be inherited in equal shares by the legal heirs of my said son who are alive at the time of my demise, again to the exclusion of all my other legal heirs and/or claimants.
6. I further declare that any additional or future-acquired movable or immovable properties which I may own or to which I may be entitled at the time of my death shall also form part of this Will and shall vest in and devolve upon my son in the manner specified in Clauses 5(i) and 5(ii) above, to the exclusion of all my other legal heirs and/or claimants.
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 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 and memory and in a fit mental and physical condition.
(iv). That I fully understand the nature and implications of 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 as per 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.
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Affix Photograph of Testator |
XXX
(Signature/Thumb Impression separately at XXX and partly across photograph and partly on paper)
Testator: _________________________
10. We, the undersigned witnesses, hereby affirm that the Testator executed this Will in our joint presence and appeared to us 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: _______________________