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Specific Draft of Last Will and Testament executed by a Sister bequeathing her entire properties to her Brother to the exclusion of all other legal heirs.
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LAST WILL AND TESTAMENT
THIS LAST WILL AND TESTAMENT is made and executed on this ___ day of , 20, at ________, by me namely Mrs./Ms. [Full Name], aged approximately ___ years, (holder of Aadhaar No./PAN No.______/Passport No. ____________, issued on ____________ at ____________), wife/daughter of Mr. [Husband/Father’s Full Name], presently residing at [Full Residential Address], hereinafter referred to as “the Testator”, being of sound mind, memory and understanding, and not acting under any coercion, fraud, undue influence or misrepresentation, do hereby make and declare this to be my Last Will and Testament, hereby revoking all prior Wills, codicils and testamentary dispositions made by me heretofore.
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 sister of Mr. [Brother’s Full Name], aged about ___ years, (holder of Aadhaar No.___/PAN No./Passport No. ____________, issued on ____________ at ____________), son of [Name], residing at [Full 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 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 hereby devolve upon and bequeath all my right, title and interest in the Said Properties, absolutely and exclusively, unto my brother Mr. [Name], to the exclusion of all my other legal heirs or claimants.
(ii) That in the event my brother named above predeceases me, then I hereby devolve upon and bequeath the Said Properties to the legal heirs of my brother named above, in equal shares, absolutely and exclusively, to the exclusion of all my other legal heirs and/or claimants.
6. I further declare that any movable and immovable assets acquired by me hereafter and/or standing in my name at the time of my demise shall also form part of this Will and shall devolve upon in the same manner as mentioned in Clauses 5(i) and 5(ii), to the exclusion of 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 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 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 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 __________
Address: ___________________________
Signature: _______________________
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)
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