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Last Will Draft Templates for Property Division
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Specific Draft of Last Will and Testament executed by a Father or Mother in favour of their 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”.
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 Mr. [Son's Full Name], aged about ___ years, (holder of Aadhaar No.___/PAN No./Passport No. ____________, issued on ____________ at ____________) and residing at [Son’s Address], who is my only son and legal heir, there being no female issue born to me. I do not have any daughter.
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, I hereby grant, bequeath, and cause to vest and devolve absolutely and exclusively all my rights, title, and interest in the Said Properties in favour of my son Mr. [Son’s Name], to the complete exclusion of all my other heirs and/or claimants.
(ii). That in the event my son named above predeceases me, then the Said Properties shall vest in and devolve equally upon the legal heirs of my said son, to the exclusion of all my other legal heirs and/or claimants.
6. I further declare that any movable or immovable properties that I may own or to which I may be entitled at the time of my demise and which are not specifically mentioned herein shall also stand included in this Will and shall vest in and devolve upon my son named above, or upon his legal heirs in the event of his predecease, in the same manner as stated in Clauses 5(i) and 5(ii), 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 authority 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, 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 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 in accordance with my 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 witnesses, 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 also sign this Will in the presence of the Testator and 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)