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General Draft of Last Will and Testament executed by a Brother in favour of his Sister to the exclusion of other legal heirs.
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LAST WILL AND TESTAMENT
THIS LAST WILL AND TESTAMENT is made and executed at _________ on this ___ day of _, 20, by me namely Mr. [Full Name], aged approximately ___ years, (holder of Aadhaar No._/PAN No.__/Passport No. ____________, issued on ____________ at ____________), son of Mr. [Father’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. The Testator is the brother of Mrs./Ms. ________________, aged about ___ years, (holder of Aadhaar No._/PAN No.__/Passport No. ____________, issued on ____________ at ____________), wife/daughter of [Name], presently 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), e.g., Vehicle(s), Jewellery, Artwork(s), Painting(s), Royalty(ies), and Others
(Delete whichever is not applicable)
5(i). I hereby bequeath and devolve upon the Said Properties exclusively and absolutely in favour of my sister Mrs./Ms. [Sister’s Full Name], wife/daughter of [Husband/Father’s Name], aged about ___ years, (holder of Aadhaar No.___/PAN No./Passport No. ____________, issued on ____________ at ____________), presently residing at [Full Address] (hereinafter referred to as “the Beneficiary”). She shall become the sole and absolute legatee of the Said Properties, to the complete exclusion of all my other legal heirs and/or claimants.
(ii). In the unfortunate event that my sister named above (the Beneficiary herein) predeceases me, then and in such a case, I direct that the Said Properties shall devolve upon and be inherited absolutely and equally in equal share by her legal heirs, to the exclusion of all my other legal heirs and/or claimants.
6. I further declare that if, at the time of my demise, I am possessed of and/or entitled to any other movable or immovable properties not specifically mentioned herein, then the same shall also vest in and devolve upon my sister named above, or in the event of her predeceasing me, then the same shall devolve upon and be inherited equally in equal share by her legal heirs, 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 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 or 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 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 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: _______________________
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