COURTKUTCHEHRY EXCLUSIVE: EXTRACTS FROM BEST SELLING BOOK: WILL WRITING SIMPLIFIED
Drafting a Will in India: How Parents Can Secure Property for Their Only Son
A closer look at a specific draft of a Last Will and Testament
How revocation, execution, and witness attestation safeguard inheritance rights
By Vishwas Kumar
New Delhi: April 02, 2026.
Inheritance disputes are among the most common causes of family conflict 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 [📘 Buy Will Writing Simplified online: Amazon 🔹 Flipkart] provides practical templates for drafting wills.
This concept is discussed in these Supreme Court judgments on wills and succession law, which explain key principles of probate law.
One extract presents a specific draft of a Last Will and Testament executed by a father or mother in favour of their only son in the absence of any daughter. This draft illustrates how Indian law allows individuals to distribute their self-acquired property, revoke earlier wills, and appoint executors to manage the estate.
This article explains the draft in plain language, situates it within the Indian Succession Act, 1925, and explores its implications for families, courts, and society.
Detailed Explanation of the Extract in Plain Language
The extract outlines a specific draft of a will with the following key features:
- Identity of the Testator
The will begins with the testator’s details—name, age, Aadhaar/PAN/Passport number, and residential address. This ensures clarity 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 disputes about multiple wills. - Family Details
The draft specifies that the testator has no daughter and only one son, who is the sole legal heir. - Ownership of Property
The testator declares ownership of self-acquired movable and immovable assets, listed in detail in Annexure-A. These include shares, bank accounts, vehicles, jewellery, houses, plots, apartments, shops, agricultural land, and more. - 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 or his heirs. - 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. - Annexure-A
A detailed schedule of movable and immovable properties is attached to the will for clarity.
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)
Examples and Case Studies
Hypothetical Example 1: Exclusive Bequest to Son
Mr. Verma drafts a will leaving all his property to his only son. His relatives contest the will, but since the document clearly revokes earlier wills and is properly attested, the court upholds it.
Hypothetical Example 2: Son Predeceases Testator
Mrs. Kapoor executes a will leaving property to her son. Unfortunately, her son dies before her. As per the will, the son’s children inherit the property equally, preventing disputes among extended family.
Hypothetical Example 3: Executor’s Role
Mr. Iyer appoints his trusted friend as executor. After his death, the executor manages the estate, obtains probate, and ensures smooth transfer of property to the son.
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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