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Key Wills Judgement

General Draft of Last Will and Testament executed by a Sister in favour of her Brother to the exclusion of other legal heirs.

General Draft of Last Will and Testament executed by a Sister in favour of her Brother to the exclusion of other legal heirs.

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General Draft of Last Will and Testament executed by a Sister in favour of her Brother to the exclusion of other legal heirs.

 

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LAST WILL AND TESTAMENT

 

This Last Will and Testament (“Will”) is executed on this ___ day of ________, 20, at _____________________ by me, namely Mrs./Ms. [Full Name], wife/daughter of [Name], aged approximately ___ years (holder of Aadhaar No. __________/ PAN No. __________/ Passport No. ____________, issued on ____________ at ____________), 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 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 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 declare and Will as under:

(i).        I hereby bequeath and direct that the “Said Properties” shall devolve upon my brother, Mr. [Full Name of Brother], son of [Father’s Name], aged approximately ___ years, residing at [Full Address] (holder of Aadhaar No. __________/ PAN No. __________/ Passport No. ____________, issued on ____________ at ____________), absolutely and exclusively, to the exclusion of all my other legal heirs, successors, or claimants.

 

(ii).       That in the event my brother named above predeceases me, I direct that the Said Properties shall devolve upon and be inherited absolutely and equally by his legal heirs alone, in equal shares, and to the exclusion of all my other legal heirs or claimants.

 

6.         I further declare and direct that any movable or immovable property acquired by me and/or to which I become entitled subsequent to the execution of this Will and existing at the time of my demise shall also vest in and devolve upon the said Mr. [Brother’s Name] exclusively, to the exclusion of all my other legal heirs and/or claimants; and in the event of my brother predeceasing me, then such future acquisitions shall vest in and devolve upon his legal heirs alone, in equal shares.

 

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 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: _______________________

 

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