A Will’s executor can be appointed with out lawyer’s assist

My sister, an issueless Hindu widow, needs the home and financial institution deposits at the moment in her title to be transferred in my favour after her demise both by the use of present or by means of a Will. Kindly advise which mode of switch—present, Will or another—is greatest and the process, together with the registration course of and tax implications. Also, can her solely surviving brother-in-law declare any proper over the property and financial institution deposits after my sister’s demise?

—Name withheld on request

Based on the data supplied, it’s advisable to have your sister’s properties transferred in your favour throughout her lifetime to keep away from complexities of vesting after her demise. This is to keep away from any situation if she passes away with out making a Will, and her properties below the provisions of Hindu Succession Act, 1956, would devolve upon the heirs of her late husband. The properties of your sister could also be transferred in your favour by executing and registering a present deed. Stamp responsibility will apply as per legal guidelines of the state the place the properties are situated. It is advisable to get the tax implications evaluated by a tax skilled.

I wish to have a format of a authorized Will. Also, can I make a registered Will and appoint an executor on my own with out taking the companies of a lawyer for it.

—Nikhil Sikka

There is not any customary format for a Will. What is required is that the writer or the particular person desirous of constructing the Will ought to write down his needs in respect of all his properties in an unambiguous method to rule out any situation or dispute between beneficiaries after the testator’s demise. It is crucial to have two unbiased witnesses to the execution of the Will. Although, it’s advisable to register the Will for higher credibility, the identical isn’t obligatory below regulation.

With regard to the appointment of an executor, one can appoint an executor by himself and there’s no authorized requirement of a lawyer for a similar.

Aradhana Bhansali is companion, Rajani Associates.

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