COURTKUTCHEHRY EXCLUSIVE: EXTRACTS FROM BEST SELLING BOOK: WILL WRITING SIMPLIFIED
Writing a Will in India: How Parents Can Secure Property for Their Only Son
Step-by-step look at a general draft of a Last Will and Testament
Why execution, revocation, and attestation matter under Indian Succession law
By Vishwas Kumar
New Delhi: April 02, 2026:
Inheritance disputes are among the most common causes of family litigation in India. A well-drafted will prevent confusion, protect property rights, and ensure that the testator’s wishes are respected after their death. Dr. Ravinder Kumar Anand’s Will Writing Simplified provides practical templates and guidance for drafting wills.
For Supreme Court views, refer to these Supreme Court judgments on wills and inheritance disputes, which explain key principles of probate law.
One extract from the book presents a general draft of a Last Will and Testament executed by a father or mother bequeathing properties in favour of the only son in the absence of any daughter. This draft illustrates how Indian law allows individuals to distribute their self-acquired property through a will, revoke earlier wills, and appoint executors to manage the estate. [📘 Buy Will Writing Simplified online: Amazon 🔹 Flipkart]
This article explains the extract in plain language, situates it within the legal framework of the Indian Succession Act, 1925, and explores its implications for families, courts, and society.
Read complete list of will-related cases here. Click the link here: https://www.courtkutchehry.com/pages/blog/123-supreme-court-judgments-on-wills/
Detailed Explanation of the Extract in Plain Language
The extract outlines a model will with the following key features:
- Introduction of the Testator
The will begins with the testator’s details—name, age, Aadhaar/PAN/Passport number, and residential address. This establishes identity and prevents impersonation. - Revocation of Previous Wills
The testator cancels all earlier wills and codicils, declaring this document as the sole valid will. This avoids confusion about multiple wills. - Family Details
The draft specifies that the testator has no daughter and only one son. This clarifies the intended beneficiary. - Ownership of Property
The testator declares ownership of various movable and immovable properties, including houses, plots, offices, shops, apartments, agricultural land, shares, bank accounts, vehicles, jewellery, and artwork. - Bequest to Son
- On the testator’s death, all properties vest exclusively in the son.
- If the son predeceases the testator, the son’s legal heirs inherit the property equally.
- Future Property
Any property acquired later also forms part of the will and devolves upon the son. - Appointment of Executor
The testator nominates an executor to administer the estate and obtain probate if necessary. The executor may appoint a substitute. - Declarations by the Testator
The testator affirms that the will is voluntary, executed without coercion, and that they are of sound mind. - Witness Clause
The will is signed in the presence of two witnesses, who confirm the testator’s soundness of mind and voluntary execution.
Here is Copy of Draft Will:
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.
|
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:
FAQ Section
Q1. Is registration of a will mandatory in India?
No. Registration is optional. Proper execution and attestation are sufficient.
Q2. Can a parent exclude other heirs and leave property only to one child?
Yes, for self-acquired property. The will must clearly state this intention.
Q3. What happens if the sole beneficiary dies before the testator?
The beneficiary’s legal heirs inherit the property, as specified in the will.
Q4. How many witnesses are required?
Two competent witnesses must attest the will.
Q5. Can witnesses be family members?
Yes, but they should not be beneficiaries to avoid disqualification under Section 67.
Q6. What is the role of an executor?
The executor manages the estate, obtains probate, and ensures distribution as per the will.
Q7. Can future-acquired property be included in a will?
Yes, the will can cover property acquired later.
Conclusion
The extract from Will Writing Simplified demonstrates how a parent can draft a clear, legally valid will to secure property for their only son. By revoking earlier wills, specifying ownership, appointing an executor, and ensuring proper attestation, the testator protects their wishes and prevents disputes.
In a country where inheritance conflicts often reach the courts, such clarity is invaluable. A well-drafted will is not just a legal document—it is a safeguard for family harmony and property rights.
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